Repiveol 8/9. PARTMENT OF EDUCATION REGION) OFFICE FOR CIVIL RIGHTS INDIANA 1oWA 500 WEST MADISON ST, SUITE 1475 MINNESOTA CHICAGO, IL 60661-4544 NORTH DAKOTA WISCONSIN July 22, 2016 Jim Bauck, Ph.D Superintendent Eastern Carver County Schools Independent School Distriet 112 11 Peavey Road Chaska, MN 55318 RE: OCR Case No. 05-16-1367 Eastern Carver County Schools ISD 112 Dear Superintendent Bauck: This is to notify you that the U.S. Department of Education (Department), Office for Civil Rights (OCR), has received and evaluated the above-referenced complaint filed with OCR on June 7, 2016, against Eastem Carver County Schools ISD 112 (District) alleging discrimination on the basis of disability and sex. We conducted the evaluation in accordance with OCR’s Case Processing Manual (CPM) to determine whether to open the complaint for investigation, We have determined that we have the authority to investigate the complaint. Specifically, the complaint alleges: 1 he District discriminated against a former student (Student A) at the District’s Chanhassen High School (School) on the basis of disability (general anxiety disorder, ODD, OCD, and Autism) by failing to identify, locate, and evaluate Student A for special education and related services during the 2016 calendar year; and 2. The District discriminated against Student A on the basis of sex when, from approximately September 2013 to May 2016, the District failed to promptly and equitably respond to sex-based harassment of Student A by another student at Chanhassen High School (Student B). OCR enforces Section 504 of the Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794, and its implementing regulation, 34 C.F.R. Part 104, which prohibit discrimination on the basis of disability by recipients of Federal financial assistance. OCR also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. §§ 12131 - 12134, and its implementing regulation, 28 C.F.R. Part 35, which prohibit discrimination on the basis of disability by public entities. OCR is also responsible for enforcing Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681-1688, and its implementing regulation at 34 CER. Patt 106, which prohibit discrimination on the basis of sex in any education program or activity operated by a recipient of Federal financial assistance. As a recipient of ‘The Department of Education's mission isto promote student achievement and preparation for global competitiveness by fostering educational excellence and ensuring equal access wow.ed.govSuperintendent Jim Bauck OCR Case No, 05-16-1367 Page 2 Federal financial assistance and a public entity, the District is subject to the provisions of Section 504, Title II and Title IX. Additional information about the laws OCR enforces is available on our website at http://www.ed,gov/ocr. Because OCR has determined that it has jurisdiction and that the complaint was filed timely, it is opening the allegations for investigation. Please note that opening the allegations for investigation in no way implies that OCR has made a determination with regard to their merit. During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence from the Complainant, the District, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations, in accordance with the provisions of Article III of the CPM.' OCR offers, when appropriate, an Barly Complaint Resolution (ECR) process to facilitate the voluntary resolution of complaints by providing an early opportunity for the parties involved to resolve the allegation(s). Some information about the ECR process is in the enclosure to this letter. In addition, when appropriate, a complaint may be resolved before the conclusion of an investigation after the recipient expresses an interest to OCR to resolve the complaint. In such cases, a resolution agreement signed by the recipient and submitted to OCR must be aligned with the complaint allegation(s) or the information obtained during the investigation and it must be consistent with applicable regulations. Information about this process is in the enclosure to this letter. Please read the enclosed document entitled “OCR Complaint Processing Procedures,” which includes information about: © OCR’s complaint processing procedures, including the availability of ECR; © Regulatory prohibitions against retaliation and intimidation of persons who file complaints with OCR or participate in an OCR investigation; and ‘© Application of the Freedom of Information Act and the Privacy Act to OCR investigations. OCR intends to conduet a prompt investigation of this complaint. The regulation implementing Title VI, at 34 C.E.R. § 100.6(b) and (c), requires that a recipient of Federal financial assistance make available to OCR information that may be pertinent to a compliance determination, That requirement is incorporated by reference in the Section 504 regulation at 34 C.F.R. § 104.61 and in the Title IX regulation at § 106.71. Also, pursuant to 34CER. § 100.6(c) and 34 C.F-R. § 99.31(a)(3)(ii), of the regulation implementing the " The CPA is available on OC 's website at hnip:/www.ed,gov/abox ices list/ocr/ oerepm. him‘Superintendent Jim Bauck OCR Case No. 05-16-1367 Page 3 Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, OCR may review personally identifiable records without regard to considerations of privacy or confidentiality. Accordingly, OCR is requesting that you provide the following information to us within fifteen (15) calendar days. Wherever possible, please provide the requested information in electronic format. If responsive data are available through the Internet, please provide the link to the data. 1. 2. A copy of the Distri include documentation that the notice is disseminated to District students, parents, and employees. If a different notice or dissemination process was in effect at any time between the beginning of the 2013-2014 school year and the present, please provide a copy of each version of the notice and a description of each distinct dissemination process in effect since the beginning of the 2013-2014 school year and indicate the time period when each version was in effect. ‘A narrative response to the complaint allegations. ’s notice of non-discrimination on the basis of sex. Please also 3. A copy of all District and School policies and procedures addressing: a, Policies and procedures for identifying students eligible for special education or related services under a Section 504 Plan or an Individualized Education Program (IEP), evaluating students for a Section 504 Plan or an IEP, and developing a Section 504 Plan and an IEP. Please also include an explanation of how the District and School disseminate such information to the public and the name(s) and title(s) of the person(s) responsible for implementing the relevant policies and procedures. b. Sexual harassment against students and District employees. Please also include an explanation of how the policies are publicized and disseminated to District parents, students, and employees, and the name(s) and title(s) of the person(s) responsible for implementing the policies. c. How students, parents, employees or third parties who wish to file a complaint of sex harassment can file such a complaint, Please also include an explanation of how those policies and procedures are publicized and disseminated, and the name(s) and title(s) of the person(s) responsible for implementing the policies and procedures. 4. The obligation of employees to report possible sexual harassment or sexual violence of which they are aware.Superintendent Jim Bauck OCR Case No. 05-16-1367 Page 4 4, [fat any time between the beginning of the 2013-2014 school year and the present different policies or procedures were in effect than those provided in response to request #3(b), request #3(c), or request #3(d), a copy of each version of each distinet policy and procedure in effect since the beginning of the 2013-2014 school year along with an indication of the time period when each version was in effect. 5. A copy of the student handbooks for all District schools for the 2013-2014, 2014- 2015, 2015-2016 school years and, if available, 2016-2017 school year. 6. Ifnot included in the response to request #5, a copy of the Student Code(s) of Conduct for all District schools for the 2013-2014, 2014-2015, 2015-2016 school years and, if available, 2016-2017 school years. Please also include a description of how the Code(s) were published and/or made available to District students, parents, and employees. 7. A copy of Student A’s complete academic and special education files including, but not limited to, all correspondence, emails and memoranda concerning Student A, and Student A’s academic records and transcripts, attendance records, health and medical files, discipline records, incident reports, attendance records, Section 504 Plans, IEPs, and any other plans pertaining to Student A. 8. Ifnot included in the response to request #7, a copy of all written requests/referrals for special education or related services for Student A. 9. If not included in the response to request #7, a description of whether the District ever evaluated Student A to determine if he qualifies for an IEP and/or Section 504 Plan. If the District evaluated Student A, describe when and why he was evaluated, who conducted the evaluation(s), and provide a copy of all documentation related to the evaluation. 10. If not included in the response to request #7, a description of whether the District ever made a determination regarding Student A’s eligibility for an IEP and/or Section 504 Plan, If the District made an eligibility determination, describe the District's determination, including when it was made and by whom. In addition, please provide all documentation in the District’s possession regarding the determination. 11. A list of all the teachers, aides, and other School and District staff who worked with Student A during the 2015-2016 school years. 12. The name, title, email address and telephone number of the District's Section 504/Title II Coordinator(s) for the 2013-2014 school year to the present. Please include a description of the training the individual has received regarding theSuperintendent Jim Bauck OCR Case No. 05-16-1367 Page 5 District’s responsibilities under Section 504 and Title II as well as a description of how the contact information for the Section 504/Title II Coordinator(s) is provided to District parents and students. 13. A list, including first and last name, date of hire and job title, of all School personnel responsible for developing Section 504 Plans and IEPs (e.g,, case managers, Director of Special Education, counselors, psychologists, principals, etc.). 14. A copy of all correspondence, including electronic mail correspondence, regarding, Student B’s interactions with Student A from September 2013 the present, including correspondence between the Complainant and any District employee or representative, between Student A and any District employee or representative, between Student B and/or Student B’s parents/legal guardians and any District employee or representative, and between District employees and/or representatives. 15. A copy of Student B’s disciplinary file 16. The name, title, email address and telephone number of the District’s Title IX Coordinator(s) for each school year between the 2013-2014 school year and the present, and documentation that the contact information for the Coordinator(s) has been provided to District parents and students. 17. The name, title, email address and phone number of any persons other than the Title IX Coordinator(s) who, at any time between September 2013 and the present, customarily receive(d) reports of harassment, including sexual and disability harassment. 18. A copy of all emails, memoranda, interview notes, and other documentation related to the District’s handling of all report(s) of harassment or mistreatment of Student A by Student B. 19. A list of training sessions given to District employees on harassment, including sexual, since the beginning of the 2013-2014 schoo! year, the name and qualifications of the individuals who provided the training sessions, the specific topics of the training sessions, the dates the training sessions were held, and a list of individuals who attended the training sessions. 20. Any other information the District deems relevant to the complaint. Thank you for your cooperation in this matter. In addition to the information requested above, OCR may need to request additional information and interview pertinent personnel If an on-site visit is necessary, we will work to schedule a mutually convenient time for the vist‘Superintendent Jim Bauck OCR Case No. 05-16-1367 Page 6 Please notify OCR of the name, address, and telephone number of the person who will serve as the District’s contact person during the processing of this complaint. We would like to talk with this person as soon as possible to discuss the processing of this complaint and we will, at that time, identify Students A and B. OCR is committed to prompt and effective service. If you have any questions, please contact Jackie Wemz, Attomey, at (312) 730-1486, or by email at jacqueline. wernz@ed.gov. Sincerély, ii la hf fe ‘sn Cook-Graver Supervisory Attomey Enclosure(OCR Case No, 05-16-1367 Dated 7/22/16, received 7/28/16, 15-day window for dstrct response and records B/AZLAG. Laura, David, & Attorney Have east, Chan High — Need an elementary @ ‘Anarrative response to the compl allegations. fy CS 2. ‘A copy of the District's notice of non-discrimination on the basis of sex. Please also include documentation that the notice is disseminated to District students, parents, and employees. Ifa different notice or dissemination process was in effect at any time between the beginning of the 2013-14 school year and the present, please provide a copy of each version of the notice and a description of each distinct dissemination process in effect since the beginning of the 2013-14 school year and indicate the time period when each version was in effect. ‘A copy ofall District and School policies and procedures addressing; ‘a. Policies and procedures for identifying students eligible for special education or related services under a Section 504 Plan or an Individualized Education Program (lEP), evaluating students for a Section 504 Plan or an IEP, and developing a Section 504 Plan and an IEP. Please also include an explanation of how the District and School disseminate such information to the public and the name(s) and title(s) of the person(s) responsible for implementing the relevant policies and procedures. . Sexual harassment against students and District employees. Please also include an explanation of how the policies are publicized and disseminated to District parents, students, and employees, and the name(s) and title(s) of the person(s) responsible for implementing the policies. How students, parents, employees or third parties who wish to file a complaint of sex harassment can file such a complaint. Please also include an explanation of how those policies and procedures are publicized and disseminated, and the ‘name(s) and title(s) of the person(s) responsible for implementing the policies and procedures. The obligation of employees to report possible sexual harassment or sexual violence of which they are aware. Fat any time between the beginning of the 2013-14 school year and the present different policies or procedures were in effect than those provided in response to request #3(b), request #3(c), or request #3(d), a copy of each version of each distinct policy and procedure in effect since the beginning of the 2013-14 school year along with an indication of the time period when each version was in effect. ‘A copy of the student handbooks for all District schools for the 2013-14, 2014-15, 2015- 16 school years and, if available, 2016-17 school year. PK note: Chan High, East, and 1 elementary needed for 4 years If not included in the response to request #5, a copy of the Student Code(s) of Conduct for all District schools for the 2013-14, 2014-15, 2015-16 school years and, if available, 2016-17 school years. Please also include a description of how the Code(s) were published and/or made available to District students, parents, and employees. Tele ‘A copy of Student A’s complete academic and special education files including, but not limited to, all correspondence, emails and memoranda concerning Student A, and Student A’s academic records and transcripts, attendance records, health and medicalfiles, discipline records, incident reports, attendance records, Seetien-504-Plans (none), 48s (none), and any other plans pertaining to Student A. ‘special education record (copies of complete inactive file , including all protocols) ¥ iTeam documentation ¥ academic record/transcripts/attendance/health/discipline/attendance (all 1.C.) ¥_all correspondences, emails, and memo’s mes separate or chunk this response by v Ifnot included in the response to request #7, a copy ofall written requests/referrals for- special education or related services for Student A. If not included in the response to request #7, a description of whether the District ever evaluated Student A to determine if he qualifies for an IEP and/or Section 504 Plan. If the District evaluated Student A, describe when and why he was evaluated, who conducted the evaluation(s}, and provide a copy of all documentation related to the, evaluation. < 10. If not included in the response to request #7, a description of whether the District ever ‘made a determination regarding Student A’s eligibility for an IEP and/or Section 504 Plan. If the District made an eligibility determination, describe the District's determination, including when it was made and by whom. In addition, please provide all documentation in the District's possession regarding the determination. done i A list of all the teachers, aides, and other School and District staff who worked with Student A during the 2015-16 school years. Laura will do 2. The name, title, email address and telephone number of the District's Section 504/Title I Coordinator(s) for the 2013-14 school year to the present. Please include a description of the training the individual has received regarding the District's, responsibilities under Section 504 and Title Il as well as a description of how the contact information for the Section 504/Title II Coordinator(s) is provided to District parents and students. Barb Schug working on B. . Allist, including first and last name, date of hire and job title, of all School personnel responsible for developing Section 504 Plans and IEPs (e.g., case managers, Director of Special Education, counselors, psychologists, principals, etc.) ‘Friday = start here ‘done 4 A copy of all correspondence, including electronic mail correspondence, regarding Student 8's interactions with Student A from September 2013 the present, including correspondence between the Complainant and any District employee or representative, between Student A and any District employee or representative, between Student B and/or Student B's parents/legal guardians and any District employee or representative, and between District employees and/or representatives. 15. 16. ‘A copy of Student B's disciplinary file. (Mike Uhimann, grade 10 KC, JES, VES, East, Ns) The name, title, email address and telephone number of the Districts Tite IX Coordinator(s) for each school year between the 2013-14 school year and the present, and documentation that the contact information for the Coordinator(s) has been provided to District parents and students. done v7. The name, title, email address and phone number of any persons other than the Title Ik Coordinator(s) who, at any time between September 2013 and the present, customarily receive(d) reports of harassment, including sexual and disability harassment.18. A copy of all emails, memoranda, interview notes, and other documentation related to the Districts handling of all report(s) of harassment or mistreatment of Student A by Student B. 19. Alist of training sessions given to District employees on harassment, including sexual, since the beginning of the 2013-14 school year, the name and qualifications of the individuals who provided the training sessions, the specific topics of the training sessions, the dates the training sessions were held, and a list of individuals who attended the training sessions. 20. Any other information the District deems relevant to the complaint.