Knox County Schools
January 3, 2014
IN RESPONSE, PLEASE REFER TO: 03-13-1094
Mr. Walter T. Hulett
Knox County Schools
200 Daniel Boone Drive,
Barbourville, KY 40906
Dear Mr. Hulett:
This letter is to notify you of the resolution of the complaint filed with the U.S. Department of Education (Department), Office for Civil Rights (OCR), against the Knox County Schools (the District) alleging discrimination on the basis of disability. Specifically, XXXXXXX XXXXX (the Complainant) alleged that the District discriminated against her daughter, XXXXX XXXXX (the Student), by XXXXXXXXXX XXX XXXXXXXXXXX XX XXXXXX X XXXX XXXXXXX XXXX XXXXXX XXXX XXXXXXX XXXXXX XXXXX XXXX XX X XXXXXXXXX XX XXXXX XXX XXX XXXXXXX XX XXXXXXXXXXX.
- 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.
As a recipient of Federal financial assistance from the Department and a public entity, the District is subject to Section 504, Title II, and their implementing regulations.
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 Voluntary Resolution Agreement. The provisions of the agreement must be aligned with the complaint allegations and be consistent with applicable regulations. Such a request does not constitute an admission of liability on the part of a recipient, nor does it constitute a determination by OCR of any violation of our regulations.
Consistent with OCR’s procedures, the District requested to resolve the complaint through a Voluntary Resolution Agreement (the Agreement), which was executed by the District and received in our office on January 2, 2014. A copy of the signed Agreement is enclosed. As is our standard practice, OCR will monitor the District’s implementation of the Agreement.
Accordingly, OCR is concluding its investigation of this allegation and closing this complaint as of the date of this letter.
This letter is a letter of findings issued by OCR to address an individual OCR case. Letters of findings contain fact-specific investigative findings and dispositions of individual cases. Letters of findings are not formal statements of OCR policy and they 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. This letter is not intended nor should it be construed to cover any other issues regarding the District’s compliance with Section 504 and/or Title II, which may exist and are not discussed herein. The Complainant may have the right to file a private suit in federal court whether or not OCR finds a violation.
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. 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.
Thank you for your cooperation in this matter. If you have any questions, please feel free to contact Jacques Toliver, Team Attorney, at (215) 656-8512, or by email at Jacques.Toliver@ed.gov.
Joseph P. Mahoney