In my humble opinion I think you have by now what would probably be the first case study. Similar to what you might file for DP but with more depth and details, and not seeking or claiming damages. At least not in the case study form. http://www.wikihow.com/Do-a-Case-Study

Quote from: guess on October 15, 2014, 02:46:33 PM
Can you formalize that with times, names and dates? I'm not looking to hang that particular person out to dry but to document capriciousness, arbitrary answers. By the way, do the rest of you netizens realize that many OCR attorneys come from the ranks of school districts meaning they formerly represented schools in private firms? I know daisy knows this already just curious if the rest of you do, and if so how many.

Yes, I have date and name and notes from the conversation.

I did not actually "know" that -- but I was aware of a couple coming from school atty background.

Hoping to get time to get in and look at those links closely in next day or two.

And, as to the instructions to daisy to make detailed notes about that convo, I SURE WOULD.  The lack of consistency and true reason and judgment is appalling to me . . .

Sheesh.

Can you formalize that with times, names and dates? I'm not looking to hang that particular person out to dry but to document capriciousness, arbitrary answers. By the way, do the rest of you netizens realize that many OCR attorneys come from the ranks of school districts meaning they formerly represented schools in private firms? I know daisy knows this already just curious if the rest of you do, and if so how many.

I specifically asked an OCR attorney about this agreement.  This attorney was from a different office and not involved in this complaint.  She said that this resolution was made because the school had no food allergy policies for transportation at all so it was acceptable for OCR to step in and tell the school what policies they should have, i.e., an assigned staff member to administer rescue meds.  She said that if a school were to have a policy in place to dial 911 for reactions during transport, OCR would find that acceptable.  I asked her if OCR would find it acceptable for a school to state that they will not treat reactions during the school day and instead will dial 911 and she said that OCR would not find that acceptable.  So I asked why they would then find that acceptable for transportation being that schools are required to provide transportation in such a manner that affords the disabled person an equal opportunity to participate.  She said "because there is no one on the bus to give it!" 

BANG MY HEAD ON THE WALL!   

Do you have the original doc? The resolution agreement exists at ed.gov. http://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/11131324-b.pdf

I noticed an explicit call for epinephrine training and administration during daily bus transport. I'd love to read this but if you don't have a copy I can ask OCR for one. I also wasn't sure whether the 2014 reference was another agreement along the lines of "IHPs are not 504 are not FAPE". http://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/11131324-a.pdf

UPDATE:

2014 Letter of Resolution for Union County

OCR Resolution Agreement regarding FA in NC.  Includes transportation.

Medical/Emergency Individualized Health Care Plan
1.  The school nurse will attain the medical information from the doctor's office or be provided the medical information by the parent.  This information will include the magnitude in which the student is allergic to specific nuts and peas or any other allergen.
2.  The school nurse will write, update, or change the medical/emergency plan as needed according to the student's needs and provided medical information.

Parent Notification of All Allergic Reactions
1.  Any time the PTA student suffers an allergic reaction, the parent will be notified immediately by phone.  The notification will be done by the school nurse, the principal, or the principal designee.
2.  An incident report will be completed by the adult responsible for the student at the time of the reaction.  A copy of the incident report will be given to the parent within two days of the incident.

Requirements for the Parent(s)/Guardians(s)
1.  The parent/guardian shall provide a physician's letter which clearly documents the presence of a food allergy that the child has and how the child reacts to the allergen(s).  The letter shall state the danger of anaphylaxis and the need for the child to have a liquid antihistamine and EpiPen with him at all times.  They shall include the types of exposure that can result in the student having an allergic reaction. 
2.  The parent/guardian shall provide the necessary antihistamine and EpiPen for the student's self-carrying requirement as well as the medicine cabinet and at least two of the student's teacher's classrooms. 
3.  The parent/guardian shall provide or attain training for their child's knowledge of recognizing symptoms of PTA exposure, thoroughly washing hands, reading labels, and self-administering of a liquid antihistamine and EpiPen.
4.  The parent is responsible for the student's health care and medical care during all activities, events, or functions.

Requirements by the student with a PTA
1.  The student shall not eat anything given to him by another school mate.
2.  The student shall not drink anything given to him by another school mate.
3.  The student shall not drink from the school's water fountains.  Water can be made available to
     the student from a non-contaminated source. 
4.  The student shall not share or exchange drinks or food of any kind with other school mates.
5.  The student shall sit in the peanut/tree nut free zone in the cafeteria. 
6.  The student shall communicate immediately with teachers or administrators, or "other adults-in-
     charge" of symptoms, reactions, exposure, etc. 
7.  The student shall communicate immediately if he has been bullied, made-fun-of, threatened, or
     harassed with regards to the PTA. 
8.  The student shall carry a liquid antihistamine and the prescribed EpiPen with him at all times. 


~ ~ ~ ~ ~ ~

<THIS CONCLUDES THE THIRD LETTER/DOCUMENT>





BOLD and Underline and Italics are matching the letters, to best of my ability.

B.3.  Communication
e.1.  A school newsletter, written by the principal, will be mailed by August ?, 2006 with students' schedules to the home of all students enrolled at Sun Valley Middle School.  Included in the newsletter is information regarding:
•   Food Allergens—basic information and how SVMS is addressing PTA's.
•   Request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities.

e.2.  An information packet will be sent home with each student on the first day of school.  Information included in this packet will be:
•   Food Allergen information— basic information and how SVMS is addressing PTA's.
•   Request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities

e.3.  Updates regarding peanut/tree nut allergies and the resulting school procedures will be included in every school or PTO newsletter.

e.4.  A request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products to practice, games or after-sport activity was distributed by the SV Athletic Booster Club.

e.5. Peanut/Tree nut Alert" Signage will be placed on the SVMS website, in the main office, gymnasium, cafeteria, student's classrooms, and by the front entrance stating: "A significant number of children in this school have a peanut/tree nut allergy which is life threatening.  So that all students may remain safe, we request that no peanut/tree nut products or by-products be brought in our school or to school activities." 

e.6.  Student Handbooks includes the UCPS's Food Allergen Policy (4-19) and Student Code of Conduct (4-3 b).

e.7. If a safe food list is provided by the student's doctor or parent/guardian it can be made available in the front office.

e.8.  A letter will be provided to the co-bus riders (SVMS and SVHS students) of this student informing them of food allergens, risks of such, and  that eating on the bus will not be tolerated.  In addition, a statement of how bullying, harassment, or threatening of a student with a PTA will be disciplined according to the county policy for bullying, threatening, or harassment.

e.9.Special Functions (PTO and other groups using or renting SVMS)
a.  As part of the facility rental process, the applicant will be required to sign a statement verifying that no member of the group or guest of the group will bring any peanut/tree nut products into the school, function, or activity.

e.10.  There will be no peanut/tree nut products or by-products brought in to SVMS for any PTO function.


(cont'd . . .)

c.  Food Allergy Education, Awareness, & Reaction Prevention

I. Types of Education, Awareness, and Reaction Prevention--recipients of such training:
a. Food Allergen Awareness—students enrolled at SVMS, faculty and staff members at SVMS, parents of students enrolled at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS (provided by UCPS), café personnel at SVMS.
b. Label Reading--students enrolled at SVMS, faculty and staff members at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS (provided by UCPS), and café personnel (provided by Child and Nutrition) at SVMS.
c. Proper Hand Washing-- students enrolled at SVMS, faculty and staff members at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS (provided by UCPS), café personnel (provided by Child and Nutrition) at SVMS.
d. Effective Disinfecting of Surfaces-- faculty and staff members at SVMS, bus drivers for SVMS, classroom or bus substitutes for SVMS, café personnel (provided by Child and Nutrition) at SVMS.
e. Recognition of Allergic Reactions— faculty and staff members at SVMS, members of SVMS's café personnel (provided by the UCPS Child/Nutrition Department), members of SVMS's custodial staff, bus drivers (provided by UCPS Transportation Department), bus and classroom substitutes (provided by the county) and SVMS's emergency response team (Code Blue Team)
f. EpiPen Administration and Emergency Response—the student's teachers, SVMS's front office-secretary; SVMS's administration, and SVMS's emergency response team (Code Blue Team)

c.2. Who Will Provide the Training
a.  School and/or UCPS Nurse(s)

c.3. When will the Training Occur
a. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training for all school personnel (Faculty-members, TA's, custodians, café personnel, and office-support) will occur on Friday, August 18, 2006 for one hour and fifteen minutes. 
b. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training updates for applicable certified staff and non-certified staff will occur at monthly staff meetings or as needed.  A minimum of two refresher training sessions will happen in the first semester and again in the second semester.  The refresher sessions will vary in length (about 25-30 minutes).
c. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training for bus drivers and bus driver substitutes will occur according to the Transportation Department's schedule.  The assigned bus driver and/or transportation specialist of this student will have specific-to-this-child medical plan training (emergency plan) before the first day of school.
d. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training for classroom substitutes will be trained according to UCPS' Substitute training schedule.
e. Food Allergen Awareness, Label Reading, Proper Hand Washing, Effective Disinfecting of Surfaces, and Recognition of Allergic Reactions Training staff members hired after the initial training in August will be trained by the school nurse when attending district-level orientation.
f. Food Allergen Awareness, Label Reading, Proper Hand Washing training for students will begin the first day of school.  Additional awareness and training will be provided as needed.
g. Food Allergen Awareness training for parents of students enrolled at SVMS will occur beginning the first day of school via information packets sent home with students.


c.4. Documentation of Training
a.   All training attendees will sign a roster of attendance, including type of training, name, position, and date of training.

d.  Staff member presence
I.  A member of SVMS faculty or staff who is adequately trained in the
           administration of an Epi-pen will be present during all directly, school-sponsored activities.


(cont'd . . . .)

b.  Emergency Response Procedures for PTA-related Reactions
      I.  Proper Handling and Administration of Epinephrine
a.  The student's medical and/or emergency plan will be followed in the case of a PTA symptom(s) during school hours, on school-provided transportation, and at activities or events directly sponsored by SVMS.
b. Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
c. Benadryl and prescribed EpiPen will be stored in the front office's medicine cabinet.  Keys for the medicine cabinet are in the principal's desk, the cabinet to the left of the medicine cabinet, and in the secretary's desk. 
d. Other student-specific, prescribed EpiPens will be stored in at least two of the student's classrooms once provided by the parent/guardian.
e. The nurse will provide all involved parties, copies of updated medical and/or emergency plans as needed.
f.  Medical response--Recognition of a PTA-exposure/reaction or if student describes such symptoms—
•   an adult will stay with the student if possible.   
•   Assess the emergency at hand. 
•   Activate the emergency response team (Code Blue Team) if needed.  This team consists of administrators, and/or personnel trained in CPR, First-Aid, and those trained in how to administer an Epi-pen. 
•   Student will self-carry a liquid antihistamine and the prescribed Epi-Pen with him at all times. 
•   Refer to the student's medical plan.
•   Administer the liquid antihistamine or administer the Epi-Pen depending on the reaction stage and per medical plan.
•   Contact 911 if the Epi-Pen was administered, per medical plan.
•   Contact parent/guardian.
•   Contact other needed individuals.
•   Accompany student to emergency care facility if needed or per medical plan.

2. Staff members responsible for response
a.   Emergency Response Team (Code Blue Team)—members include administrators, nurse (when available), and/or personnel trained in CPR, First-Aid, and those trained in how to administer an Epi-Pen.
b.   Student's bus driver.
c.   Any adult that recognizes a PTA-exposure reaction or if told by the student of a potential exposure or symptoms, are responsible for assisting the student.


(cont'd . . . )

7. Field Trips
a.   The teacher or staff member who is planning a non-required or required (i.e. band competition) team, grade level, club, or group field trip will be required to investigate the field trip destination(s) and perform an allergen risk assessment with the parent. 
b.   The parent will be encouraged to accompany the student on the fieldtrip.  They will be allowed to ride in the specific mode of transportation with the student.
c.   The student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
d.   Accommodations will be made to send an adult chaperone that is aware and trained to assist the student in the event the student has a PTA-allergic reaction/symptom.
e.   The parent (if along) or trained adult will have possession of a cell phone, the medical/emergency plan, a liquid antihistamine and a prescribed EpiPen. 
f.   If the parents do not accompany the student on the field trip, the trained adult will be assigned the student in his/her group. 
g.   If the field trip length requires snacks or meals off of school campus then the student will have access to a peanut/tree nut free area, snacks, and meals.
h.   The emergency/medical plan will be reviewed before each field trip.

8. Bus Transportation
  a.  The bus driver will be trained in Food Allergen Awareness, Label Reading, Proper Hand
       Washing, Effective Disinfecting of Surfaces, Recognition of Allergic Reactions, and EpiPen
       Administration and Emergency Response.  If a trained bus driver or substitute bus driver 
       cannot be secured for the afternoon route, the student will not  board the school bus.
       Personnel in the school's office will make contact with an administrator. If a trained bus driver
      or substitute bus driver cannot be secured for the morning route the student is not to board the
      bus, but contact the student's parent at home.  If unable to make contact with the parent, the
      bus driver is to contact SVMS administration for further transport-directions. If unable to contact
      the administration the transportation coordinator should be contacted for further transport-
      directions.
  b.  Enforce rule of, "No eating on the school bus!"
  c.  The student will be assigned to one of the front two seats.
  d.  The school will provide antiseptic wipes for the bus driver to thoroughly wipe the PTA student's
       seat prior to his loading the bus, both in the morning and afternoon routes.
  e. The student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
       times.
  f.  The student will notify the bus driver if symptoms related to exposure of peanut/tree nut
       allergies have occurred.
  g. The bus driver will follow the student's medical/emergency medical plan specific for the bus. 
       If the student notifies driver of symptoms at the bus stop or while bus is in operation the bus
       will come to a stop.  The parking brake will be put into gear and bus engine turned off. 
       Medication should be administered directed by the student's medical plan.  If symptoms are
       severe, the bus driver will follow the medical plan then contact 911 and provide directions for
       emergency services to the bus.  If the symptoms are light or there is concern that a peanut
       product has been on the bus prior to the student boarding the bus, the driver is to contact the
       student's parent.  If unable to contact the parent, the bus driver will contact an administrator at
       SVMS at 704-296-3009 or 704-296-3048.  If unable to contact an administrator, the bus driver
       is to contact the Transportation Specialist, Carla Courtney, at 704-296-3050 or via 2-way radio.

9.  Extra Curricular, Directly School-related Activities—
a.   The request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities.
b.   Supervising personnel (as needed) will be made aware of the student's
             allergies, medical plan, and PTA strategies.
c.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
d.   Supervising personnel will be trained in recognizing symptoms of a PTA-exposure and Epi-Pen administration.
e.   Concessions at school-sponsored dances or UCPS/school sponsored basketball games will not sell any peanut/tree-nut products or by-products.


(cont'd . . . .)

3.  Media  Center
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in the media center.
b.   The teacher or adult-in-charge will wipe a computer keyboard or applicable area with antiseptic wipes before the student uses such equipment.  Antiseptic wipes will be provided in all student-specific areas for student and teacher use.
c.   Food brought in to the media center for reasons such as group meetings or celebrations must be pre-packaged with the Nutrition/Ingredient Label present or purchased through SVMS café's food production.
d.   Substitute media personnel or other personnel (as needed) will be made aware of the 
   student's allergies, medical plan, expectations of peanut/tree nut-free area/equipment, and
   PTA strategies.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
   times.
f.   The media specialist and media specialist assistant will be trained recognizing symptoms
   of a PTA-exposure and in Epi-Pen administration.

4. Computer Lab/Classroom —-
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in the computer lab/classroom.
b.   The teacher or adult-in-charge will wipe a computer keyboard or applicable area with antiseptic wipes before the student uses such equipment.  Antiseptic wipes will be provided in all student-specific areas for student and teacher use.
c.   Food brought in to a computer lab/classroom must be pre-packaged with the Nutrition/Ingredient Label present or purchased through SVMS café's food production.
d.   Substitute teachers or other personnel (as needed) will be made aware of the 
   student's allergies, medical plan, expectations of peanut/tree nut-free area/equipment, and
   PTA strategies.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
    times.
f.   The computer lab/classroom adult supervisor/teacher will be trained recognizing symptoms
   of a PTA-exposure and in Epi-Pen administration.

5.  Gymnasium
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in the gymnasium.
b.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
      times. 
c.   Physical Education teachers will be trained in recognizing symptoms of a PTA-exposure and in
         Epi-Pen administration.
d.   Physical Education teachers will carry a walkie-talkie on themselves when leaving the 
gymnasium to venture outside, on or off SVMS's campus in order to communicate any medical needs with the office or administrative staff.

6. Encore Classes (related arts/specialty areas)
a.   Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be consumed in such classrooms.
b.   The teacher or adult-in-charge will wipe the student's applicable area or appropriate materials with antiseptic wipes before the student is in that area or uses such equipment.  Antiseptic wipes will be provided in all student-specific areas for student and teacher use.
c.   Food brought in to a classroom must be pre-packaged with the Nutrition/Ingredient Label present or purchased through SVMS café's food production.
d.   Substitute teachers or other personnel (as needed) will be made aware of the 
   student's allergies, medical plan, expectations of peanut/tree nut-free area/equipment, and
   PTA strategies.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all
    times.
f.   The adult supervisor/teacher will be trained recognizing symptoms of a PTA-exposure and in Epi-Pen administration.

(cont'd . . . .)

<THIRD LETTER BEGINS HERE>

~ ~ ~ ~ ~ ~


Sun Valley Middle School
1409 Wesley Chapel Road, Indian Trail, NC  28079
School Phone Number
School Fax Number

Blaire Brigham-Traywick, Principal
Mary Jo Breckenridge, Assistant Principal
Pascale Glenn, Assistant Principal
Michael Mills, Assistant Principal

   


Voluntary Agreement:
Managing Food Allergies in Union County Public Schools(UCPS)

The staff at Sun Valley Middle School will fully implement this Voluntary Agreement, beginning
August (to be determined) 2006, for the 2006-2006 school year.

B.1  not applicable to Sun Valley Middle School

B.2. Managing Peanut/Tree Nut Allergies in UCPS
The following outlines the actions that will be taken to ensure the PTA student(s) are provided a free appropriate public education, which includes establishing and implementing Section 504 Plans that include the following procedures and protocols as appropriate.

a.  Procedures and/or protocols governing PTA Risk Management
I.  Classroom
a. A letter, written by the principal, will be sent home to the student's teammates alerting
     Parents/guardians of the severe peanut/tree nut allergy suffered by student(s) on their child's 
     team.  The letter will include:
•   The request that all students and parents voluntarily refrain from sending/bringing any peanut/tree nut products or by-products into SVMS or to any school-related activities;
•   A statement of how bullying, harassment, or threatening of a student with a PTA will be disciplined according to the county policy for bullying, threatening, or harassment;
•   How SVMS is addressing PTA's. 
  b.  If a safe food list is provided by the student's doctor or parent/guardian then it will accompany 
       the above mentioned letter or be presented in later communication.
  c.  Foods containing peanut/tree nut products will not be allowed to be opened/exposed or to be
       consumed in the student's classrooms. 
  d.  The teacher or adult-in-charge will wipe the student's desk or applicable area with antiseptic
       wipes before the student enters the classroom.   Antiseptic wipes will be provided in all 
       student-specific areas for student and teacher use.
  e.  Team celebrations or lessons that involve food will adhere to the, "No peanut/tree nut
        products" strategy.
f.  Food brought in for other reasons than lunch must be pre-packaged with the
    Nutrition/Ingredient Label present or purchased through SVMS café's food production.
  g.  Substitute teachers or other personnel (as needed) will be made aware of the student's
       allergies, medical plan, expectations of peanut/tree nut-free classrooms, and PTA strategies.
h. Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
i.  The student's teachers will be trained in recognizing symptoms of a PTA-exposure and Epi-Pen
    administration.

2.  Cafeteria
a.   The cafeteria personnel will not produce any meal items containing peanuts, tree nuts, or by-products of either. 
b.   A "Nut-Free Zone" will be created and clearly designated in the cafeteria.  This zone will be monitored by an adult who is aware of the student's allergies.
c.   The tables in the Peanut/Tree Nut-Free Zone will be washed between each lunch with a designated cloth according to the following Table Wiping Procedures: 
•   Clean, sanitized, wrung-dry cloths will be placed on a try or pan in the dish room window;
•   Students or teachers will pick up the clean cloths and wipe the tables when their classroom has finished lunch;
•   After the tables are wiped, students will place the soiled or used cloths on a tray or pan in a designated area away from the clean cloths;
•   The dish room person or designated cafeteria personnel will pick up the soiled towels and clean them by running them through the dishwasher;
•   The towels will be placed in clean sanitizer solution and then wrung-dry and placed in the dish room window for pickup by teacher or student to be used again for wiping tables. 
In the event the dishwasher is not working, the cloths will be cleaned using the three-sink method.
d.   Persons bringing lunches containing peanut/tree nut products will be expected to wash their hands immediately after departure from the café.
e.   Student will self-carry a liquid antihistamine and the prescribed EpiPen with him at all times.
f.   Cafeteria personnel will be trained in recognizing symptoms of a PTA-exposure and Epi-Pen administration.


(cont'd)

Once the parent left, one witness stated that the witnesses "looked at each other in disbelief."  The School Principal responded by speaking with the three teachers who were concerned about the parent's conduct, obtaining statements from them concerning the incident, and monitoring the food brought from home by the child of the parent who engaged in the conduct.  The District also asserts that District staff informed the parent, at the time of the incident, that his conduct was "inappropriate."

Based on the above evidence, we first find that the parent did engage in the conduct described above.  In determining whether the parent's conduct created a hostile environment, we first note that the parent engaged in the alleged conduct after a discussion at the meeting of how highly allergic the Student was to PTs and the fact that exposure to PTs could lead to the Student's death.  We find that the parent's statements and related conduct were based on disability and constituted a serious threat to the life, health and safety of the Student, and of other students at the School with PTAs.  This finding is based on the context of the conduct, the nature and severity of the Student's disability, and the likelihood, nature and severity of the harm to the Student and possibly other School students with PTAs that could result from the parent acting as he threatened to act.  We also find that the parent's threats and conduct interfered with and/or limited the ability of the Student to participate in or benefit from the District's programs or services.

Secondly, we find that the District had actual notice of the disability–based hostile environment because at least three District teachers witnessed it and it was reported to and investigated by the School Principal and other District staff.

Thirdly, we find that, assuming the District responded promptly to this harassment (as it asserts that District staff informed the parent, at the time of the incident, that his conduct was "inappropriate"), it did not respond effectively.  We recognize that the District has less control over a parent than it does over a student or an employee.  Nevertheless, given the nature of the parent's conduct, the District should also have taken additional actions such as documenting its response by sending the parent – and providing the Complainant with a copy of -- a letter informing him of the fact that it had investigated the incident, its findings based on the investigation, and the actions it intended to take as a result of the investigation. 

District compliance with the provisions of the enclosed Voluntary Agreement that address Allegation 1 will also address some of our concerns regarding the District's elimination and prevention of the reoccurrence of disability-based harassment of the Complainant and Student.  However, to further address these concerns, the Voluntary Agreement also includes a provision pursuant to which the District will provide notice to staff, parents and students at the School of the harassment and discipline policies and sanctions that apply to knowingly exposing a student with a PTA to a PT, and for threatening or harassing a student with a PTA because of the student's PTA.

Based on the above findings, concerns, and conclusions, and the enclosed Voluntary Agreement, we are closing our investigation of the complaint effective the date of this letter.  However, we will monitor the District's implementation of the Voluntary Agreement to ensure that it fully complies with it and thereby addresses the concerns identified above. 

We remind the District that it may not harass, intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by the laws OCR enforces.  If any individual is harassed or intimidated because of filing a complaint or participating in any aspect of OCR case resolution, the individual may file a complaint alleging such treatment.

Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request.  If we receive such a request, we will seek to protect, to the extent provided by law, personally identifiable information that, if released, could constitute an unwarranted invasion of personal privacy.

We appreciate your cooperation in the resolution of this complaint.  If you have any questions regarding this letter or this complaint, please contact Ms. Rita Bhanot, the OCR investigator assigned to this case, at (202) 786-0543 or via e-mail at rita.bhanot@ed.gov.

                  Sincerely,



                  Sharon Solomon
                  Team Leader
                  District of Columbia Office

Enclosure

cc:  Gil  Middlebrooks, Esq.

~ ~ ~ ~ ~

<SECOND LETTER ENDS HERE>