EDUCATION

Hispanic children continue to attend public schools which often maintain low educational standards and low teacher/administrator expectations. New immigrant families, burdened by the daily struggle to survive as they attempt to adjust to the social, cultural and legal norms of their new country do not always share the same value systems common to native-born Americans and may be unaware of their rights in the local educational system.

In order to meet the needs of our Hispanic students, promote success and retention in schools, and provide for a competent and successful work force, we must work with parents and students while also providing high educational standards and accountability in our schools and addressing issues of disparity.

COMMON ISSUES/CONCERNS/PERCEPTIONS

The following issues, concerns and perceptions are common in many of the school districts where Hispanic representation is a significant percentage of the student population:

a) High student dropout rate, due to multiple factors, including economic pressure to work, peer pressure, illiterate parents, lack of family support for education, early pregnancy, etc.
b) Under representation of Hispanics on school boards and professional staff.
c) Lack of adequate Hispanic student representation in extra-curricular activities, due to a variety of factors, including cultural differences, economic needs forcing children to work after school, busing, etc.
d) Shortage of quality multi-ethnic text books and teaching materials.
e) Principal/teacher/counselor attitudes toward Hispanic students that penalize students unfairly and limit their possible access to educational and career choices.
f) Assignment of Hispanic children to ESL and Special Education classes without appropriate testing and in cases when students may be better off elsewhere.
g) Unequal discipline (punishing Hispanic students more severely than non-Hispanics for similar offenses).
h) Inadequate involvement of Hispanic parents in school activities, often because feelings of alienation, cultural differences, or fear.
i) Inequitable distribution of financial resources that contribute to substandard facilities, equipment and materials.

To keep abreast of activities within schools, monitoring committees comprised of students and adults should be organized by concerned citizens’ groups, with the help of local LULAC councils. Coalescing with other groups and/or organizations is crucial.

Do not assume that the issues/concerns/perceptions listed above will automatically apply to the given school district or campus in question. Conduct your own assessment utilizing the perceptions inventory following:

CONFLICT RESOLUTION OPTIONS

1) Resolution of issues/concerns/perceptions directly. All efforts possible should be undertaken to resolve these issues, concerns or perceptions at the teacher, principal, superintendent, and board level, in that order.

2) Organization at the local level to support positive educational endeavors, share concerns, strengthen the learning environment, and resolve conflicts. Parents should organize and work cooperatively to support teachers and administrators. If they have regularly encouraged the educational process, attended parent-teacher conferences and built a positive relationship with their child’s teacher, cultural concerns and conflicts are more easily resolved.

3) Mediation facilitated by a third party. See sample letters for assistance in requesting help. Also read about the Community Relations Service, U.S. Department of Justice and Chapter 8 on Mediation.

4) Assistance from state education agencies. The state education agency in your state may be LULAC affirms its commitment to the elimination of any form of discrimination, especially toward Hispanics, at all levels of public education, and to ensure all children have the right to an education. requested to review discrimination complaints. These agencies, if the allegations appear to have merit, will investigate and order the respective school district to get into compliance. When investigations are not determined to be based on race or national origin discrimination, but determine that disparities exist, those state education agencies often make recommendations to other appropriate agencies.

5) Assistance from Office for Civil Rights, U.S. Department of Education: There is an Office for Civil Rights, under the U.S. Department of Education in each of the ten federal regions in the country. Since most school districts receive federal funds, these offices have special interests and a mandate to monitor them for compliance. A letter outlining concerns and requesting intervention should trigger a response from the Department of Education with either their direct involvement or they may refer you to other resources. (See sample letters for assistance if you choose to request their help.)

6) Lawsuits in Federal court: When all of the above options have failed, LULAC recommends that local councils and/or state offices consider filing, either on their own, or in coalition with other organizations, lawsuits in Federal court. To do that, however, the councils must first comply will all the basic procedures for handling of Legal Cases found in chapter 9 of this manual.

PARENTAL RIGHTS AND RESPONSIBILITIES IN EDUCATION

Please note that this applies to legal guardians and court-appointed managing conservators

PARENTAL AND STUDENT RIGHTS

Parents have the right to the following services for their children:

• Have an interpreter in their native language.
• Have services provided to their sons/daughters with special needs.
• Receive prior notice each time the district proposes or refuses to initiate a change in the identification of a child.
• To give a written consent of evaluations, supports, and services before being asked to make any decisions.
• To request a multidisciplinary evaluation.
• Receive written prior notice in their native language before any changes are made.
• To participate in meetings and must attend all Admissions, Review, Dismissal meetings.
• Right to confidentiality.
• Right to review records.
• Right to file a complaint.
• Send their sons/daughters to the district which. they or either parent resides.
• Reasonable access to the school administrator to request a change in class or teacher to which the student has been assigned to

PARENTAL RESPONSIBILITIES

At the same time, parents have the following educational responsibilities

Enrolling

• To provide appropriate identification including report cards and student records from their previous school whether in the US or in a different country, immunization records and a birth certificate with legal identity, legal name and age.
• Fill out appropriate registration forms, sign them, and turn them in.
• Not to falsify information on forms for student’s registration.
Note: Social Security is not required to enroll a student in a school.

Attendance

• Send their son or daughter to school and if absent, send a written notice to the school within the district’s required time.
• Must send the student to school if he/she is enrolled in kindergarten or pre-kindergarten.

Note: Every district requires a certain percentage of attendance in class to receive credit.

If the parent does not send the student to school, the school or attendance official can file a complaint against the parent in a county court for truancy.

Medication

• Send a written request to give permission to administer medication
• Send the medication in its original container and properly labeled

Involvement

• Make sure the student’s homework task is completed on time to turn in
• Attend parent conferences and meetings ad maintain frequent communication with teachers
• Talk to appropriate teacher, counselor, or principal when concerned
• Read, sign and turn in to the school all required forms, letters or notices

Grooming

• Assure the student is well groomed and that such will not disrupt or interfere with school

Note: Individual districts have grooming restrictions

WE INCLUDE THE FOLLOWING LIST OF PARENTAL RIGHTS IN TEXAS AS AN EXAMPLE

Please consult your local school system to obtain a copy of your rights according to the laws in the state where you reside.

PROVISIONS OF TEXAS STATE LAW

GENERAL

• Appeal to the school board of trustees regarding designated school in the district of parent’s child(ren) 1.request a hearing before the school board may present evidence as the basis for the petition before the school board
• Reasonable access to school principal or designated administrator approving student transfers, reassignments within a school district to request a reassignment or change of student, class or teacher. If reassignment or change will to affect the assignment or re-assignment of another student. Decision rests with the school board.
• Request the addition of a specific academic class in keeping with the required curriculum if sufficient interest is shown in the addition of the class to make it economically practical to offer the class. Decision rests with the school board.
• Request a change in the class or teacher to which the parent’s child has been assigned. Should a parents request be denied by a school board, parents may not appeal such decision to the commissioner of education
• File a complaint with the school board of trustees and the commissioner of education about any school district employee who encourages or coerces a child to withhold information from the child’s parents
• Appeal in writing to the commissioner of education if aggrieved by actions or decision of any school board of trustees that violate the school laws of this state except in matters pertaining to transfers, reassignments, attendance or disciplinary actions against the parent’s child(ren)
• Request to enroll their child(ren)who are residing in the school district separae and apart from the parent, if the child’s presence in the school district is not for the primary purpose of participation in extra curricular activities and subject to admission criteria adopted by the school board of trustees regarding proper conduct of child
• Request to excuse their child(ren) from attending school for the purpose of observing religious hold days, including traveling for the purpose, prior to the absence of the child. A student whose absence is excused for this purpose shall be allowed a reasonable time to make up school work missed on those days. The administration of the Texas Assessment of Knowledge and Skills (TAKS) cannot be rescheduled during the absence of students who are excused. Decision rests with the school board.
• Appeal any action against their child(ren) that violates their child’s absolute right to individually, voluntarily and silently pray or meditate in school in a manner that does not disrupt the instructional or other activities of the school.
• Appeal to the commissioner of education if the district fails to comply with the requirements established by state law regarding bilingual education and ESL programs.
• Appeal the placement of their child(ren) in a bilingual education or ESL program to the local school board of trustees if the parents disagree with the placement of their child.
• Provide information to the Agency regarding their child(ren)’s special education program when the Agency monitors the school district for compliance with federal and state law relating to special education
• Participate in the development of an individual transition plan for their child enrolled in a special education program who is at least 16 years of age
• Determine the language normally used in the home and the language normally used by their child(ren)for purposes of completing the state required home language survey in grades PreK-8th for bilingual education and ESL program eligibility

STUDENT RECORDS:

• Access the right to review all written school records of their child(ren0 except as provided by federal law. The Right to review will include:

1. attendance records
2. test scores
3. grades
4. disciplinary records
5. counseling records
6. psychological records
7. applications for admission
8. health and immunization information
9. teacher and counselor evaluations
10. reports of behavioral patterns
11. access to a copy of each state assessment instrument administered there is a 10 day response under open records act

TEACHING MATERIALS:

• Parents have the right to review within reasonable hours all teaching materials, textbooks and other teaching aids used in the classrooms

MEETINGS:

• Parents have the right to any meeting of the school board of trustees, except for closed meetings, executive sessions held in compliance with subchapter D. exceptions to requirement that meetings be open and E. procedures relating to closed meeting of pertaining to open meetings of the Texas Government Code

PARENTAL CONSENT

• Parents have the right to disapprove a psychological examination, test or treatment unless required under the law pertaining to child abuse reporting and programs
• Parents can either approve or disapprove the making of a videotape or recording of their child by representatives of a school district. District can only make a videotape for the soul purpose of using it for safety, maintenance of order, discipline in school or in school buses, a purpose related to a co-curricular or extracurricular activities
• Parents can temporarily remove their child from a class or any school related activity that conflicts with the parents religious or moral beliefs if the parent gives a written statement to the childs teacher authorizing the removal from a class activity. Parents MAY NOT authorize this removal in order to avoid a test or prevent the child from taking subject for the entire semester.
• All graduation requirements imposed by the school district and the State shall be me by the exempted student.
• Parents can approve or disapprove the entry into the bilingual education or ESL program, exit from the process or placement in such programs, this must be done in writing to the appropriate entities.

PERCEPTIONS INVENTORY

Based on your experience in the community and dialogue with community groups and individuals, respond to the statements below. Your response is expected to reflect your judgment about the Hispanic community’s perception of disparity of treatment in education and their level of confidence in systems for redress of grievances.

Simply, in your best judgment, would the Hispanic community strongly agree or strongly disagree with the following statements? Any statement with which you strongly disagree should be a concern for which potential remedies need to be
considered.

Circle your best response: 1 indicates you strongly agree and 5 that you strongly disagree.

1. School administrators allocate funds for buildings and equipment equally across the district, regardless of whether a school is predominantly Hispanic or non-Hispanic. 1 2 3 4 5
2. Hispanic parents have “voice” in school board matters equal to that of non-Hispanic parents. 1 2 3 4 5
3. Hispanic students are suspended and expelled at the same rate as non-Hispanic students. 1 2 3 4 5
4. There is a fair representation of Hispanic teachers in each school within the district to provide Hispanic students with positive role models. 1 2 3 4 5
5. Qualified Hispanics have an equal opportunity to be hired and promoted at all levels of administration in the school district as non-Hispanics. 1 2 3 4 5
6. Encouragement for Hispanic students to complete high school is as strong as encouragement for non-Hispanic students. 1 2 3 4 5
7. Hispanics have a fair representation of members on the school board. 1 2 3 4 5
8. Hispanic parents and students have equal opportunity to appeal suspensions and expulsions as non-Hispanics. 1 2 3 4 5

POTENTIAL SOLUTIONS & REMEDIES

a) The establishment of a Superintendent’s parents/students’ educational advisory council. (See Sample - Education Advisory Committee By-Laws).
b) The development and implementation of a minority staff recruitment plan.
c) Electing members to the school board through a single member district election process.
d) Reviewing and revising student discipline codes.
e) Developing strategies to ensure that Hispanic parents participate in school activities.
f) Insist on multi-cultural awareness training for all school personnel.

ISSUES/CONCERNS/INTERESTS

The following are common issues/concerns/interests often identified by parent group meetings:

1) The perception by some parents and students that Hispanic students are disciplined differently than non-Hispanics for similar offenses.
2) The lack of Hispanic representation on the school board.
3) The perception by some parents/students that there is a serious under-representation of Hispanics in administration, teaching, counseling, coaching and other professional job categories.
4) The perception that there is a serious lack of bilingual support staff making it difficult, if not impossible, for parents that do not understand or speak English to effectively communicate with school officials.
5) The perception by some parents that some members of the school district staff are lacking in understanding the Hispanic culture.
6) The perception by some parents and students that Hispanic parent involvement in school activities is wanting.
7) The perception by some parents and students that Hispanic students are seriously under represented in the student national honor society and extra curricular activities.

LULAC SUGGESTED ACTIVITIES

1) Provide community leadership by helping identify problems/issues/concerns by holding meetings of the membership and other interested community individuals at which discussions are held.
2) Appoint monitoring committee to assess situation, obtain statements, interview students/parents, obtain data from school, obtain EEO-4 Report (which provides employment statistics) and assess equal employment posture of school system.
3) Use the Perceptions Inventory in the Education chapter of this manual to help you make a determination regarding the issues/problems/concerns.
4) Have monitoring committee develop a list of issues/problems/concerns based on statements from students/parent’s interviews, the results of the perception inventory and the discussions with members and other concerned individuals.
5) Reduce the list of issues/problems/concerns into well-defined statements of the issues/problems/concerns using the word “perception” so that you are not put in a position to prove anything.
6) Form a coalition with other organizations where practical for emphasizing community-wide efforts.
7) Attempt resolution of problems by meeting with school principal, superintendent, or school board level in that order.
8) Involve the LULAC District or State Director as necessary.
9) Hold press conference if your meeting with school officials does not produce results, or if they refuse to meet with you.
10) Contact the Community Relations Service, U.S. Department of Justice in your region for assistance. Phone numbers are in the Law Enforcement section of this manual.
11) If necessary, file complaint with the respective state education agency.
12) If necessary, file complaint with the Office of Civil Rights, U.S. Department of Education. In the state of Texas the number is 214-880-2459.
13) Encourage and support Hispanic candidates to run for election to the school board.
14) Consult the chapter on Voting Rights of this manual for further information regarding elections.
15) Consult the chapter on Employment for further information regarding employment issues.
16) Review the sample memorandum of under standing and/or agreement in the Education Chapter 1 of this manual for a good indication of what issues and/or remedies (agreements) may apply to your situation.
17) Review the Ground Rules for Mediation in the Mediation Chapter 8 of this manual so that you may become aware of the Community Relations Services (CRS) mediation approaches. There may be a mediation center in your city that could provide the same service as CRS. If you elect to mediate rather than request investigation by state agency or Office of Civil Rights, contact the CRS in your region.
18) Review the Ground Rules for discussion in the Mediation Chapter 8 of this manual.
19) Have confidence in yourself and those members of your group. Stay optimistic and do not give up.

EDUCATION ADVISORY COMMITTEE BY-LAWS

ARTICLE I: NAME

The name of the committee is the Education Advisory Committee of the John Doe School District.

ARTICLE II: PREAMBLE AND PURPOSE

To promote cooperation and understanding between the School District and all sectors of the community.

ARTICLE III: ACTIVITIES

a) Evaluate and review promotion and hiring practices of John Doe School District.
b) Encourage fair and equitable implementation of policies.
c) Review needs of schools regarding minority students.
d) Evaluate performance of schools with respect to minority students.
e) Seek involvement and participation of minority parents and patrons in school activities.
f) Promote understanding, harmony and communication among parents, staff, administration, faculty, board and students.
g) Seek involvement and participation of all parents and patrons in the district.

ARTICLE IV: MEMBERSHIPS

a) Membership shall consist of 15 people living in the attendance zone.
b) There shall be ____ kinds of members:

ARTICLE V: OFFICERS

A) Officers

1. Chairperson
2. Vice-chairperson
3. Secretary

B) Nominations shall be made at the February meeting. Election by secret ballot and installation of officers shall be conducted at the March meeting. Terms begin at installation.

C) Duties of officers

1. The Chairperson shall:
a) Preside over all meetings.
b) Establish an agenda for all meetings.
c) Receive all proposals and ensure that action is taken on the proposals.
d) Keep a record of all proposals and their results.
e) Send the call for all meetings.
f) Serve as liaison between meetings.
g) Serve as official spokesperson for the committee.
h) Establish subcommittees.

2. The Vice-chairperson shall:
a) Assume duties of chairperson in his absence.
b) Assume any duties delegated by the chair person.

3. The Recording Secretary shall:
a) Keep a record of all the minutes of the meetings.
b) Determine that a quorum is present and record the names of those present.

D) Term of Office
1. Officers shall serve for one year.
2. No officer shall serve more than two consecutive years in the same office.

SAMPLE

A complaint letter must contain the following:

1. Name, address and telephone numbers of the complaining party.
2. Basis on which you believe you or others may have been discriminated against. Please specify what you believe in the basis of the alleged discrimination, i.e., race, national origin, color, sex, handicap or age.
3. Person(s) affected by the discrimination. You may name an individual, provide lists of individuals or describe a group of persons.
4. Name and address, if you know it, of the organization, (school board, public school, university, vocational school, governing board or other institution) you believe is discriminating.
5. Approximate date(s) of any act(s) you alleged to be discriminatory.
6. A brief description of what happened which you believe was discriminatory. It is important that you be as specific as you can to assist us in determining the issue(s) that must be investigated.
7. The complaining party’s original signature. Any additional information , which may be helpful when the complaint is investigated, may be included in the letter.

If you would like our assistance in formulating your complaint or in answering other civil rights related questions, you may come to our office or contact a representative from our office at XXX-XXX-XXXX.

Sincerely,
George D. Cole
Special Project Team
Office for Civil Rights
Enclosures

SAMPLE

February 11,2004


Office of Civil Rights
United States Department of Education
1999 Bryant St. Suite 2600
Dallas, Texas 75201

Dear OCR:

I live in a racist town and my children attend a racist school district. We need help and fast. The problems have been going on since the beginning of the school year. I wish to file a complaint, as I believe there is discrimination by the Whiteside ISD here in Temply, Texas.

Let me tell you about my sons, Jose and Herbie and some of their friends, all Mexicans got into a big fight at the high school with some white students. All of these Mexican boys, my sons included, were suspended for two weeks while nothing happened to the white boys, nothing! I believe this is racism as the boys told me that Mr. Wigley; the principal has called my sons, animals, wetbacks, troublemakers and retards. He has said more than once that they should all go back to Mexico! I myself have heard him say this. The white teachers will pick on Hispanic boys and girls for minor things, but let the white students get away with murder. There was an incident just weeks ago where Maria Rivera hit a teacher and was suspended for the rest of the school year, yet Britney, Megan, and Lindsey were in a fight in which a teacher got a broken arm trying to stop them. The white girls were suspended for three days. That’s unfair.

My daughter Cristina told me that Mr. Briggs, the coach has touched her repeatedly and won’t stop touching her even though she has told him to stop. Some of her girl friends have made similar complaints about the same coach, but the principal has not stopped him or has done nothing even though they have complained about the coach several times.

I have another son, Tomas, who is in third grade at Townly Elementary School. I think that he has a disability, as he is at least two grade levels where he should be. My requests that Tomas be tested are ignored and they go on deaf ears. I have testing results from a doctor that I paid out of my own pocket. I have shared the tests with them, which shows that he might have a problem, but they won’t listen and I don’t believe that he getting an appropriate education.

OCR, please help me as I don’t believe that my children are getting an equal education. Please call me at phone number below.

Sincerely,

SAMPLE

UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS SOUTHERN DIVISION

Arkansas, Louisiana, Mississippi, Oklahoma, Texas
1999 Bryant St. Suite 2600
DALLAS, TEXAS 75202

January 30, 2004

Mr. or Mrs. XXXXXXX
734 XXXXXXXX Drive
XXXXXXXX, Texas 79000

Dear Mr. or Mrs. XXXXXXX:

This is in response to your correspondence, received in our office on January 15, 2004 regarding your child’s discriminatory treatment by the YYYYYYY Independent School District located in XXXX, Texas. The United States Department of Education, Office for Civil Rights (OCR), has enforcement responsibilities with respect to discrimination against students by recipients of Federal financial assistance under the following jurisdictions:

Section 504 of the Rehabilitation Act of 1973 and its implementing regulation at 34 C.F.R. Part 104 and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 12131 et seq., and its implementing regulation at 28 C.F.R. Part 35; Title VI of the Civil Rights Act of 1964 and its implementing regulation at 34 C.F.R. Part 100; and Title IX of the Education Amendments of 1972 and its implementing regulation at 34 C.F.R. Part 106. In addition, OCR has enforcement responsibilities under the Age Discrimination Act of 1975 and its implementing regulation at 34 C.F.R. Part 110, which prohibits discrimination against students on the basis of age.

For your review, I have enclosed copies of literature which provide information regarding the rights of students under these laws and regulations, and the responsibilities of local education agencies complying with their requirements.

If you have reason to believe that an organization which receives money from the Department of Education is treating members of a protected group in a discriminatory manner because of race, national origin, sex, disability or age, you or any individual may file a complaint with us by submitting a letter or facsimile (FAX) at (214) 880-3082 to:

Mr. Taylor D. August
Director, Dallas Office
Office for Civil Rights, Southern Division
United States Department of Education
1999 Bryant St. Suite 2600
Dallas, Texas 75201

WHERE TO FILE A DISCRIMINATION COMPLAINT

With the Office for Civil Rights, U.S. Department of Education.

A discrimination complaint against a recipient of federal financial assistance can be filed by contacting the OCR regional office that serves the state or territory in which the recipient institution is located.

THE REGIONAL OFFICES ARE LISTED BELOW:

REGION I - Boston Office

Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

Office for Civil Rights
U.S. Department of Education
J.W.McCormack Post Office and Courthouse
Room 701,01-0061
Boston,MA 02109-4557
Telephone: 617-223-9662
FAX: 617-223-9669; TDD: 617-223-9695
Email: OCR_Boston@ed.gov

REGION II - New York Office

New Jersey, New York, Puerto Rico, Virgin Islands

Office for Civil Rights
U.S. Department of Education
75 Park Place
New York, NY 10007-2146
Telephone: 212-637-6466
FAX: 212-264-3803; TDD: 212-637-0478
Email: OCR_NewYork@ed.gov

REGION III - Philadelphia Office

Delaware, Maryland, Pennsylvania

Office for Civil Rights
U.S. Department of Education
100 Penn Square East, Suite 515
Philadelphia, PA 19107
Telephone: 215-656-8541
FAX: 215-656-8605; TDD: 215-656-8604
Email: OCR_Philadelphia@ed.gov

REGION IV - Atlanta Office

Alabama, Florida, Georgia, North Carolina, South Carolina, Tennessee

Office for Civil Rights
U.S. Department of Education
61 Forsyth St. S.W., Suite 19T70
Atlanta, GA 30303-3104
Telephone: 404-562-6350
FAX: 404-562-6455; TDD: 404-331-7236
Email: OCR_Atlanta@ed.gov

REGION V - Chicago Office

Illinois, Indiana, Minnesota, Wisconsin

Office for Civil Rights
U.S. Department of Education
111 N. Canal Street, Suite 1053
Chicago, IL 60606-7204
Telephone: 312-886-8434
FAX: 312-353-4888; TDD: 312-353-2540
Email: OCR_Chicago@ed.gov

REGION VI - Dallas Office

Arkansas, Louisiana,New Mexico, Oklahoma, Texas

Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 2600
Dallas, TX 75201
Telephone: 214-880-2459
FAX: 214-880-3082; TDD: 214-880-2456
Email: OCR_Dallas@ed.gov

REGION VII - Kansas City Office

Iowa, Kansas, Missouri, Nebraska, North Dakota, South Dakota

Office for Civil Rights
U.S. Department of Education
8930 Ward Parkway, Suite 2037
Kansas City, MO 64114
Telephone: 816-268-0550
FAX: 816-823-1404; TDD: 800-437-0833
Email: OCR_KansasCity@ed.gov

REGION VIII - Denver Office

Arizona, Colorado, Montana, New Mexico, Utah, Wyoming

Office for Civil Rights
U.S. Department of Education
Federal Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303-844-5695
FAX: 303-844-4303; TDD: 303-844-3417
Email: OCR_Denver@ed.gov

REGION IX - San Francisco Office

California

Regional Civil Rights Director
Office for Civil Rights - Region IX
U.S. Department of Education
Old Federal Building
50 United Nations Plaza
Room 239, 09-8010
San Francisco, California 94102
(415) 556-7000; TDD (415)556-6806

REGION X - Seattle Office

Alaska, Hawaii, Idaho, Nevada, Oregon, Washington, American Samoa, Guam, Trust Territory of the Pacific Islands

Office for Civil Rights
U.S. Department of Education
915 Second Avenue Room 3310,
Seattle, WA 98174-1099
Telephone: 206-220-7900
FAX: 206-220-7887; TDD: 206-220-7907
Email: OCR_Seattle@ed.gov

Cleveland Office
Office for Civil Rights
U.S. Department of Education
Bank One Center, Suite 750
600 Superior Avenue, East Cleveland, OH 44114-2611
Telephone: 216-522-4970
FAX: 216-522-2573; TDD: 216-522-4944
Email: OCR_Cleveland@ed.gov

District of Columbia Office
Office for Civil Rights
U.S. Department of Education
1100 Pennsylvania Ave., N.W., Rm. 316
P.O. Box 14620
Washington, D.C. 20044-4620
Telephone: 202-208-2545
FAX: 202-208-7797; TDD: 202-208-7741
Email: OCR_DC@ed.gov

Where To Write for Further Information:

Specific information about programs administered by OCR and programs administered by other offices in the Department can be found In the 1991 Guide to Department of Education Programs stock #065-000-00449-6).

Copies may be purchased for $4.00. Checks should be made payable to the Superintendent of Documents. Telephone orders can be charged to VISA or MasterCard accounts.

Write or call:
The Superintendent of Documents
U.S. Government Printing Office
Washington, D.C. 20402
(202) 783-3238

To obtain free copies of technical assistance resource materials that relate to race, color, national origin, sex, handicap, or age discrimination, write to:

U.S. Department of Education
Office of Civil Rights
Mary E. Switzer Building, Room 5000
400 Maryland Avenue, S.W.
Washington, D.C. 20202

UNITED STATES DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS

INFORMATION ABOUT OCR’S COMPLAINT RESOLUTION PROCEDURES

COMPLAINT EVALUATION

OCR begins by evaluating complaints. OCR’s objective in complaint evaluation is to determine whether or not OCR can proceed to complaint resolution. OCR cannot proceed to complaint resolution under a variety of circumstances. For instance, where OCR has no jurisdiction; where a complaint is not timely; where another agency has already reached a binding decision; or where the person alleged to be injured declines to cooperate with OCR’s investigation.

OCR will actively work with complainants and examine other sources of information to ensure that the agency has sufficient information to evaluate complaints appropriately. OCR staff will provide appropriate assistance to complainants who may need help in providing information that OCR needs.

It is expected that complainants will also work actively with OCR to ensure that OCR has the information needed; OCR can initiate complaint resolution only for those complaints for which sufficient information has been provided.

Generally, OCR will take action only with respect to those complaints that have been filed within 180 calendar days of the last act of alleged discrimination, or where the complaint alleges a continuing discriminatory policy or practice. If a complaint is not filed in a timely manner, the complainant may request a waiver, which may be granted only under limited circumstances.

OCR is responsible for enforcing the following Federal civil rights laws:

a) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin;
b) Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in educational programs;
c) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability;
d) The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age; and
e) Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability.

COMPLAINT RESOLUTION

OCR’s primary objective in complaint resolution is to resolve the complainant’s allegations of discrimination promptly and appropriately.

OCR has a variety of tools for resolving complaints. These include: Early Complaint Resolution (ERC), agreements for corrective action, and enforcement. Any approach, or combination of approaches, may be initiated at any time and multiple approaches may be used to resolve any complaint.

A. Early Complaint Resolution

Early Complaint Resolution provides the parties involved the opportunity to immediately resolve the allegations prompting the complaint. If the complainant and the recipient are willing to utilize this approach, OCR will work with the parties to facilitate resolution of the complaint. OCR does not sign, approve, or endorse any agreement reached between the parties; however, OCR will assist both parties in understanding pertinent legal standards and possible remedies.

OCR does not monitor any agreement between the parties in ECR, but if the recipient does not follow through on the agreement, the complainant may file another complaint with OCR.

B. Agreements

OCR’s investigations continue until such time as OCR can determine an appropriate resolution of the complaint allegations under OCR regulatory standards. OCR may use a variety of fact finding techniques, which may include informal fact findings such as joint discussions with the complainant and recipient.

Any agreement for corrective action will specify the action, if any, to be taken by the recipient to resolve each complaint allegation. Implementation of such agreements will be monitored by OCR.

C. Other Ways Complaints Can be Resolved

OCR may also consider a complaint resolved when any of the following occur:

• If the complaint has been investigated by another agency and the resolution of the complaint meets OCR standards;
• If OCR determines that the evidence is insufficient to support a finding of a violation;
• If the complainant withdraws his or her complaint;
• If OCR obtains information indicating that the allegations raised by the complaint have already been resolved.

LETTERS OF FINDINGS AND ENFORCEMENT

If OCR determines that the recipient has violated one or more violations of the civil rights laws, and the recipient is unwilling to correct the violation(s), OCR will promptly issue a violation letter of findings specifying the factual findings and the legal basis for the violation(s). OCR will again attempt to negotiate a corrective action agreement.

If OCR is still unable to obtain voluntary compliance, OCR will move immediately to enforcement by either initiating administrative enforcement proceedings or referring the case to the Department of Justice. OCR can also move immediately to defer any new or additional federal financial assistance to the recipient, and will begin administrative enforcement proceedings to terminate existing federal assistance .

ADDITIONAL INFORMATION FOR THE COMPLAINANT

A. Information About the Right To File a Separate Court Action

The complainant should be aware that a separate court action may be filed regardless of OCR’s findings. It should be clear that, in resolving complaints, OCR cannot and does not represent the complainant in the way that a person’s private attorney would. If the complainant wishes to file a court action, he/she may do so through an attorney.

B. Prohibitions Against Intimidation or Retaliation

A recipient may not intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone who has either taken action or participates in an action to ensure secure rights protected by the civil tights statutes enforced by OCR. If any individual believes that he or she is being harassed or intimidated by a recipient because of the filing of a complaint or participating in the resolution of it, a complaint alleging such harassment or intimidation may be filed with OCR.

C. Investigatory Uses of Personal Information

OCR processes complaints and conducts compliance reviews regarding discrimination on the basis of race, color, national origin, sex, disability, or age at institutions that receive Federal financial assistance from the Department of Education. The resolution of complaints may involve the collection and analysis of personal information, such as student records (including academic standing) and, in some cases, employment records. No law requires a complainant to give personal information to OCR, and no sanctions will be imposed on complainants or other individuals who do not cooperate in providing information requested by OCR in connection with its case resolution process.

However, if OCR is unable to obtain information needed to investigate or to otherwise resolve allegations of discrimination, it may be necessary for OCR to discontinue its complaint resolution activities. There are two laws governing personal information submitted to all federal agencies, including OCR: the Privacy Act of 1974 (Privacy Act), 5 U.S.C. ß 552(a) and the Freedom of
Information Act (FOIA), 5 U.S.C. ß 552.

The PRIVACY ACT OF 1974 protects individuals from the misuse of personal information held by the Federal Government. The law applies to records that are kept and can be located at by the individual’s name, social security number, or other personal
identifier.

It regulates the collection, maintenance, use, and dissemination of certain personal information in the files of Federal agencies. Persons who submit information to OCR should know that the information 18 that OCR collects is analyzed by authorized personnel with the agency and will be used only for authorized civil rights compliance and enforcement activities.

However, OCR may need to reveal certain information to persons outside the agency in the course of verifying facts or gathering additional information to develop a basis for resolving a complaint. Such details could include the physical condition or age of a complainant. Also, OCR may be required to reveal certain information to an individual who requests it under the provisions of the Freedom of Information (FOIA) (discussed below).

OCR will not release information to any other agency or individual except in the 11 instances defined in the Department’s regulation at 34 C.F.R. ß 56.9(b), one of which is released under the FOIA.

Finally, the Office for Civil Rights does not reveal the name or other identifying information about an individual unless it is necessary for the completion of a investigation or for enforcement activities against an institution that violates the laws, or unless such information is required to be disclosed under the FOIA or the Privacy Act.

OCR will keep the identity of complainants confidential except to the extent necessary to carry out the purposes of the civil rights laws or unless disclosure is required under the FOIA, the Privacy Act or otherwise by law.

The FREEDOM OF INFORMATION ACT gives the public a right of access to records and files of Federal agencies, including those of OCR.

Individuals may obtain items from many categories of records of the Federal Government, not just materials that apply to them personally. OCR must honor requests under the FOIA with some exceptions.

Generally, OCR is not required to release documents during the case resolution process or enforcement proceedings if the release could have an adverse effect on the ability of OCR to do its job.

Any Federal agency may refuse a request for records complied for law enforcement purposes if their release could constitute an unwarranted invasion of privacy for an individual. Also, a request for other records, such as medical records, may be denied where disclosure would be a clearly unwarranted invasion of privacy.

SAMPLE MOU

MEMORANDUM OF UNDERSTANDING AND AGREEMENT
Between
XXXX INDEPENDENT SCHOOL DISTRICT
And
HISPANIC CONCERNED CITIZENS/RESIDENTS

On September 23 and October 20, 2003, XXXX School Superintendent XXXX, Assistant Superintendent XXXX and XXXX Board of Trustees members convened by the Community Relations Service, U.S. Department of Justice, with members of a group of concerned Hispanic parents to discuss mutual interests.

The following represents the major concerns/interests and corresponding items agreed to by the parties.

1) Communities in School Program:

The perception that Communities in School (CIS) program will be left understaffed, with no representation in some campuses, and the program non-existent at the high school.

RESPONSE:

The parties agree that there are several reasons why the CIS program has been shifted to the middle school site only and why it is not understaffed. CIS of XXXX County is located at the following campuses. The number of CIS staff members assigned to each is in parenthesis:

Northwest Middle School (1)
Central Elementary in XXXX (1)
XXXX Elementary and Middle School ( 1 )
XXXX High School (1)
XXXX Middle School ( 1 )

The XXXX CIS site is now staffed by one person. This is exactly the same as all the other sites in the county. XXXX was the only county site that had more than one CIS staff member.

There are several reasons why the XXXX site has been changed. The first is to staff it like the other sites with one CIS staff member. XXXX ISD no longer has the funds to support two positions. For the past three years, the district had one staff member who was full time, and one who was a district employee assigned to CIS for approximately 25% of the day.

Each CIS site receives the same amount of funds to operate the program. The other sites paid for one person’s salary and student services. XXXX CIS funds paid for the full-time person, like the other districts, and an additional $5,000 for salary of the part-time person. This second position resulted in a serious funding problem, because nearly all of XXXX ISD’s allotment was spent on salaries, with little left over to provide the required student services. In May the school district received word that each site would receive $5,000 less next year to fund one position and provide the necessary student services. Therefore, the part-time position had to be eliminated.

The second reason for shifting CIS to the middle school is that when CIS began in XXXX, it started out at the middle school. The reason it was expanded to the high school was to enable the district and other sites to receive the services of a Texas Work force Commission repositioned staff member. At least one school in the county served by CIS had to be a high school; XXXX High School was not a site at that time. After a year, the TWC position was eliminated due to fund cuts.

Another reason why it was logical to place CIS on the middle school instead of the high school campus had to do with the number of counselors on each campus. For the first time, the high school has two full-time counselors who can adequately meet the needs of the 350 students. The middle school has only one full-time counselor to deal with approximately the same number of students.

The CIS campus manager at the middle school is Hispanic and bilingual. She is able to meet the language needs of the students on that campus. Every campus in the district has at least one person who can translate.

High school students can still be referred to CIS when they need help accessing community services. The state CIS guidelines have changed so that students no longer have to be a part of CIS. Anyone in the county who needs help can receive it by enrolling in a CIS program.

The district’s goal is to provide the best program, benefiting the most students with the funds that it has available. With the CIS campus manager located on the middle school campus, the district has accomplished
this goal.

The campus manager is certified to be a social worker as required by the CIS guidelines.

2) Racial Slurs:

The perception that some students of the CIS program have been victims of racial slurs.

RESPONSE:

The district can find no reference to this concern. All employees that were involved in CIS have been questioned and no knowledge of slurs has been reported.

AGREEMENT:

It is agreed that the school district will aggressively investigate complaints of racial slurs

3) The concern that there are no Hispanics on the school board:

RESPONSES:

The ( )ISD responded that the district and board of trustees have a record of trying to encourage community involvement in all school-related activities. They have expanded the number of locations for the posting of agendas, moved the meetings to a larger and more comfortable site, and published requests for greater participation by their constituents. To the best of the district’s determination, there has never been a community member to run for a board election who was Hispanic. However, the record of the district and of the Board of Trustees shows consistent support of the community, students, and parents of Hispanic descent. The board and administration would welcome the involvement of its Hispanic community in running for a position on the board.

AGREEMENT:

The parties agree to wait until a Hispanic seeks a board position and if he/she does not get elected the district will revisit the Hispanic group’s recommendations that:

a) the school district conduct a demographic study to determine whether Hispanic living patterns are such that single member district elections will enhance the potential for electing Hispanics to the board,
b) should the results of the demographic study indicate that single member district elections would enhance the potential of electing Hispanics to the board, the school board will give consideration to establishing single member election districts,
c) should school board vacancies arise in the future due to resignations, or for other reasons, the board consider appointing Hispanics to serve the remaining respective term of those who resign.
4) The concern that there is only one Hispanic teacher

RESPONSE:

The district employed an Hispanic teacher last year. Unfortunately, they lost that very valuable employee to a district whose salary schedule far exceeded ( )ISD. The district does not currently have any Hispanic teachers despite all efforts in this area. It does have four teachers who speak fluent Spanish.

Recruiting, posting strategies, and other things that the district is doing are found in the Interest and Issues “XXXX Hispanic Community Report”, September 24, 2002.

RESPONSE:

The district employed an Hispanic teacher last year. Unfortunately, they lost that very valuable employee to a district whose salary schedule far exceeded ( )ISD. The district does not currently have any Hispanic teachers despite all efforts in this area. It does have four teachers who speak fluent Spanish.

Recruiting, posting strategies, and other things that the district is doing are found in the Interest and Issues “XXXX Hispanic Community Report”, September 24, 2002.

AGREEMENTS:

The parties agree that the school district will develop a staff recruitment plan that will include, among other things:

a) consideration of XXXX Independent School District’s recruitment strategies. If such strategies are determined to be appropriate and beneficial at the ( )ISD, the ( )ISD will consider implementing them;
b) recruitment opportunities in South Texas and Brownwood A&I University;
c) paying stipends;
d) advertisements for available people in predominantly Hispanic markets;
e) the use of Hispanic parents in the recruitment process, including the members of the negotiating team involved in these discussions.
5) The perception that there is little Hispanic parental involvement in school activities:

RESPONSE:

Hispanic parents are involved in every aspect of the school district, from the district and campus leadership teams, health advisory council migrant meetings, various improvement committee meetings, PTA, to parents night at the school. The district strives to translate as much information as possible into Spanish for the parents. This includes the school newsletter, parent notices, and even the high school graduation ceremony.

6) Retaliation:

The parties agree that the school district will do its best to ensure that none of the members of the negotiating teams involved in this case, or parents and students that contributed to the issues, potential solutions discussed and other aspects of this conflict resolution process, will not be retaliated against by school officials.

IMPLEMENTATION

The parties agree that representatives of ( )ISD and the concerned parents who have come together to discuss the above issues and solutions will continue to meet on a scheduled basis to monitor provision of this Memorandum of Understanding and Agreement, and to discuss other issues that may be raised by either party, under conditions to be agreed by the parties.

Should there be disagreements over the interpretation or implementation of this Memorandum of Understanding and Agreement that can not be resolved by the parties themselves, either party may request CRS’s assistance in convening the involved parties to resolve their concerns.

This agreement becomes effective on January 22, 2004, and expires on January 22, 2006, unless renewed by action of both parties. The agreement may be dissolved at any time by the mutual consent of the parties involved, or may be amended by the consent of the parties involved in the discussions, which resulted in this agreement.