December 13, 2013

IN RESPONSE, PLEASE REFER TO: 03-13-1098

Dr. Randal A. Lutz
Superintendent
Baldwin-Whitehall School District
4900 Curry Road
Pittsburgh, PA 15236

Dear Dr. Lutz:

This is to notify you of the resolution of the above-referenced complaint filed with the U.S. Department of Education (Department), Office for Civil Rights (OCR), against the Baldwin Whitehall School District (the District).   OCR initially opened an allegation that the District discriminated on the basis xx xxxx xx xxxxxxx xx xxxxxxx xx xxx xxxxxxxxxxxx xxxxxxxxxx.  However, the Complainant clarified the allegation, stating that the District retaliated against xxx because xx filed a complaint of xxxx discrimination.  Specifically, the Complainant alleged that the District retaliated by xxxxxxx xx xxxxxxx xxxxxxxxxxxx xx xxxxxxxxxx xx xxxxx with the District.

OCR enforces Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, and its implementing regulation, 34 C.F.R. Part 100, which prohibit discrimination on the bases of race, color or national origin by recipients of Federal financial assistance.  Title VI also prohibits retaliation against an individual who exercises his or her rights under Title VI by filing a complaint or for participating in an investigation or proceeding hereunder.  As a recipient of Federal financial assistance from the Department, the District is subject to the provisions of Title VI and its 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 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 the complaint through a Resolution Agreement, and on December 9, 2013, the District signed this Agreement.  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 these allegations and closing this complaint as of the date of this letter.

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.

If you have any questions or concerns about our determination, please call me at (215) 656-8522.

Enclosure

Cc: Ms. Chelsea Dice, Esq.