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These sample complaints filed with
OCR can be modified and used by parents who fear
that their schools are not running fair or adequate
special education programs.
SAMPLE #1
Basic Complaint to the U.S. Department of Education,
Office of Civil Rights
Your Name
Address
Phone #
Date
Office for Civil Rights
U.S. Department of Education
Region ____
Street Address
City, State, Zip
Dear Officer:
My name is Lucy Smith. My son and
I are African American. My son, Jamal, is in the
fifth grade at Green Trees Elementary School in
Silver Spring, Maryland. Two months ago, the school
informed me that Jamal needed special education
services, citing "behavioral problems."
As a result, he has been taken out of his regular
classroom and placed in another classroom for
almost the entire school day. I went to observe
this new classroom and realized that about 75
percent of the children were African-American
boys. The school has a total student body of about
600 students, and 200 are minority students.
I spoke with a White co-worker,
Ms. Smith, who also has a son at Green Trees Elementary
School. She said that she has been working with
the school about her son's behavioral problems,
but that he has not been placed in special education.
I am filing two claims of discrimination
against Green Trees Elementary School and the
Maryland Public School District:
(1) The school is treating African-American
children differently than White children regarding
special education;
(2) The school's special education policy has
a disparate impact on all African-American and
Hispanic students at Green Trees Elementary School
on the basis of race, and, in the alternative,
furthers a disparate treatment policy that singles
out minority children for special education.
I also believe that the school district
should better train its educators in classroom
and behavior management and multicultural sensitivity.
In addition, I feel that remedies such as smaller
class sizes and resources for teachers would eliminate
the need to segregate my son and other African-American
children.
Please contact me at 555-555-5555
(work). Thank you for your assistance with this
matter.
Sincerely,
Lucy Smith
SAMPLE #2
Detailed Class Complaint to the U.S. Department
of Education, Office of Civil Rights
Your Name
Address
Phone #
Date
Office for Civil Rights
U.S. Department of Education
Region ____
Street Address
City, State, Zip
Dear Officer:
My name is Fred Jones. My son and
I are African American. My son, Edward, is in
the second grade at the Fordham Elementary School
in Jackson, Connecticut. Three months ago, the
school informed me that Edward needed special
education services because he was doing poorly
in reading and math. I signed some papers saying
they could test him and then met with his teacher
and other school officials. At the meeting we
agreed that Edward would receive some extra help
from a special educator. As a result, he has been
taken out of his regular classroom and placed
in another classroom for almost the entire school
day. He only has art, gym and music with his old
class. I do not agree with his removal from the
general education class to get help. The principal,
Mr. Edsel, told me that Edward can't be moved
back now, but offered to set up another team meeting.
I was most alarmed when I went to observe Edward's
new classroom. Out of ten students only two were
white students. His regular class was about half
minority and half white. It looks like special
education means segregation!
Since that visit I have done some
research and found that most of the separate special
education classrooms in Jackson are racially imbalanced.
I found a report about Connecticut that showed
that the overrepresentation of minority students
in separate special education classrooms has been
a problem in Jackson and elsewhere in Connecticut
for many years. For example, the report (from
1998) showed that Black students in Jackson were
more than three times as likely to wind up in
special education compared to white students.
When I learned this I contacted other parents
of color in Jackson whose children are in special
education. They all say the same thing, there
are few white special education students in their
children's separate special education classrooms.
We have formed a group of concerned parents called
Concerned Parents of Color. There are eight families
in the group, representing eleven children of
color in special education.
I also learned from my research
that I could have refused to have my son evaluated,
and can now dispute the team's decision to put
him in that classroom by requesting a hearing.
None of the parents in our group were ever told
about these rights. One white parent, Mrs. Karson,
whose son has the same problems as Edward said
that the school sent her a brochure describing
her rights as a parent in the mail.
I am filing three claims of discrimination
on behalf of my son, the eight families in Concerned
Parents of Color, and myself, against Fordham
Elementary School, the Jackson Public School District,
and the State of Connecticut:
(1) The Fordham School is treating
children of color and their parents differently
than white children regarding special education;
(2) The Fordham School's, and the
Jackson Public School District's, policy and practice
of
referring, evaluating and placing students with
suspected special education needs has a disparate
impact on all African-American and Hispanic students
in the Jackson School District on the basis of
race and national origin.
(3) The State has discriminated
against minority school children in Jackson by
failing to investigate or intervene, despite data
showing the significant racial disparities in
the rate of special education identification and
placement in restrictive special education classrooms
in the Jackson Public School District.
I also believe that the school district
should better train its educators in classroom
and behavior management and multicultural sensitivity.
In addition, I feel that remedies such as smaller
class sizes and resources for teachers would eliminate
the need to segregate my son and other minority
children who need academic or special education
support.
Please contact me at 555-555-5555
(work). Thank you for your assistance with this
matter.
Sincerely,
Fred Jones
Chairperson, Concerned Parents of Color
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