Minnesota to pay disabled inmates $70,000, change educational policies under proposed agreement

The Minnesota Department of Corrections would pay more than $70,000 to disabled inmates discriminated against by its educational policies while making changes under a proposed agreement with the federal government.

The consent decree, which still needs approval by a federal judge, follows a U.S. Justice Department probe finding numerous allegations of discrimination against disabled inmates who were not allowed "necessary reasonable modifications" related to the correctional system's General Education Development (GED) programming.

"We are pleased to reach a resolution that will help ensure incarcerated individuals with disabilities have equal opportunities to benefit from critical education programs in its facilities," U.S. Attorney Andrew Luger said Tuesday.

DOC spokesman Aaron Swanum said in a statement Tuesday that the department was "committed to providing equal access to its GED program for individuals with disabilities" in compliance with federal law.

"We believe that our voluntary agreement to take corrective measures, including process and training efforts and the hiring of a dedicated ADA compliance officer for education, will result in improved identification, assessment and program accommodations for incarcerated individuals with disabilities," Swanum said. "Such measures are designed to address needed improvements in the program and will undoubtedly benefit the individuals with disabilities who are entitled to equal access to the program."

In a statement Tuesday, Kristen Clarke, assistant attorney general for civil rights at the DOJ, said the settlement agreement "stands to impact hundreds of incarcerated people with disabilities, opening doors to higher education and other opportunities that have been unjustly closed to them for far too long."

The Minnesota Department of Corrections, she added, "is now firmly on a path to providing accommodations to students with disabilities on standardized exams and preparation courses, actions that will help promote rehabilitation and increase prospects for reentry."

The Justice Department first informed Corrections Commissioner Paul Schnell in September that it discovered that the state prison system was violating the Americans with Disabilities Act.

It alleged that incarcerated people with disabilities enrolled in the prison's GED program were being denied opportunities to apply for or receive needed modifications on the GED exam, courses or practice tests. That included modified assignments and one-on-one assistance.

The federal government filed a complaint Tuesday alongside the proposed consent decree that alleged multiple acts of discrimination by the state against disabled inmates. Allegations included failures to inform such inmates about available modifications such as extended time and breaks in GED courses and practice tests. The state's prison system is accused of preventing inmates from applying for accommodations and failing to give them reasonable time extensions and breaks.

The Justice Department alleged that many incarcerated people with disabilities "repeatedly" failed practice tests and official exams as a result of not having access to modifications. Because of that, they were also denied access to other prison programs and higher-paying prison jobs and were released from prison without a GED.

If a judge signs off on the consent decree, the Corrections Department would revise its policies, train personnel and educate inmates on the revised policies, hire an agencywide ADA compliance officer and designate ADA and education coordinators for each facility to ensure those prisons are complying with federal law and the consent decree.

The consent decree also requires the department to carry out a "corrective action review" to determine appropriate relief for disabled inmates and provide regular updates to the Justice Department.