Discrimination Filings in the Boroughs

Equal access to education is not a forgone conclusion in the Boroughs.

A Freedom of Information Act request revealed that during the past 5 years, the Northborough and/or Southborough school district has had numerous of civil rights complaints filed against it with the United States Department of Education, Office for Civil Rights (OCR) on the basis of disability discrimination. Additionally, a complaint was also filed in 2013 for discrimination on the basis of national origin when the school district failed to provide a copy of the student's individual education plan in a language the parent could understand. The multiple filings for discrimination on the basis of disability included claims of:

- denial of a free and appropriate public education by failing to implement one or more provisions called for in the student's IEP (occupational therapy, physical therapy, vocational training, psychological services, speech services, bus monitor, transportation)

- denial to disabled students who are in out of district placements of the same safe environment on the school bus as students attending school within the District

- not enabling disabled student to participate in the Northborough Extended Day Program for all or part of the daily sessions 

- not following the District's bullying protocol to investigate and act upon incidents

- refusing to convene a team meeting for the purposes of discussing regression, reviewing independent evaluations, developing a new IEP, identifying placement, determining appropriate levels of servicing of home based tutoring, determining a plan of action to delivery related services while receiving home based tutoring

- failing to re-evaluate a child despite a significant change of placement

- failing to provide proper oversight of service delivery staff (i.e. tutor)

OCR offers complainants and the defendants the opportunity to resolve their differences offline or within the Early Complaint Resolution (ECR) process. Both parties can agree to use either of these remedies to resolve their differences and if agreement is reached the complainant withdraws their filing. Also, complainants can withdraw their filing at any time for any reason. 

While these filings were resolved between the parties, it is concerning that so many areas required attention to eliminate or address perceived discrimination. It is important that all individuals understand their civil rights and are aware of how to take action to eliminate discrimination as well as ensure equal access.

Individuals aware of, or experiencing discrimination, are encouraged to both notify the Student Support Services office and file a complaint with OCR. You need not be the party who is being discriminated against to file a complaint - simply being aware of the discrimination is a basis for filing. You can file anonymously or as an identified complainant. In almost all cases, filings must occur within 180 days of the observed situation or experience. The online complaint form as well as the instructions for filing and assistance can be found at:  http://www2.ed.gov/about/offices/list/ocr/complaintintro.html

The school committee must be responsive to the community it serves. This means they have a vital affirmative responsibility to be aware of, take action to monitor and address all perceived issues of discrimination. Delegating this task to the Director of Student Support Services is akin to asking the fox to watch the hens. In order to ensure equal access to education for disabled students something has to change. Even one OCR filing is one too many!