Baltimore City Public Schools
January 17, 2014
IN RESPONSE, PLEASE REFER TO: 03131227
Ms. Tisha Edwards
Interim Chief Executive Officer
Baltimore City Public Schools
200 E. North Avenue
Baltimore, MD 21202
Dear Ms. Edwards:
This is to notify you of the resolution of the complaint that was filed with the U.S. Department of Education (Department), Office for Civil Rights (OCR), against the Baltimore City Public Schools (the District). The Complainant, XXXXXXX XXXXXXX, alleges that the District discriminated against XXX XXX, XXXXXXX XXXXX XXXXXX. (the Student), on the basis of disability by failing to implement his Section 504 Plan during the 2012-2013 school year.
- 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. Section 504 prohibits discrimination on the basis of disability by recipients of Federal financial assistance.
- Title II of the Americans with Disabilities Act of 1990 (Title II), 42 U.S.C. § 12131, and its implementing regulation, 28 C.F.R. Part 35. Title II prohibits discrimination on the basis of disability by public entities.
Under OCR procedures, a complaint may be resolved before the conclusion of an investigation if a recipient asks to resolve the complaint by signing a resolution agreement. The provisions of the resolution agreement must be aligned with the complaint allegations and be consistent with applicable regulations. Such a request does not constitute an admission of a violation on the part of the District, nor does it constitute a determination by OCR of any violation of our regulations.
Consistent with OCR’s procedures, the District requested to resolve this complaint through a resolution agreement, and on January 16, 2014, the District signed a Voluntary Resolution Agreement (Agreement) with OCR in order to resolve the matter. As is our standard practice, OCR will monitor the District’s implementation of the Agreement, a copy of which is enclosed. Accordingly, OCR is concluding its investigation of this complaint.
This concludes OCR’s investigation of the complaint and should not be interpreted to address the District’s compliance with any other regulatory provision or to address any issues other than those addressed in this letter.
This letter sets forth OCR’s determination in an individual OCR case. This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. OCR’s formal policy statements are approved by a duly authorized OCR official and made available to the public.
Please be advised that the District may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the Complainant may file another 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. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identifiable information, which, if released, could reasonably be expected to constitute an unwarranted invasion of personal privacy.
The Complainant may have the right to file a private suit in federal court, whether or not OCR finds a violation.
Thank you for your cooperation. If you have any questions, please feel free to contact Team Leader Beth Gellman-Beer at (215) 656-6935.
cc: Darnell L. Henderson, ESQ. (w./encl.)