Friday, February 23, 2018

"Ouch," said the little college in the orange groves

Kendra Fox-Davis, Team Leader
     Golly, the things that go on around here that nobody ever hears about!
     Whilst surfing the net, I came across a letter to IVC President Glenn Roquemore, dated April 18, 2017, from the US Dept. of Education, Office for Civil Rights.
     It is a decision based on an investigation by that office (signed by Kendra Fox-Davis) concerning a discrimination complaint by a student.
     Collegiate spankage ensues.

Letter to Roquemore from Kendra Fox-Davis, US DoE, Office for Civil Rights,
April 18, 2017

     Check it out.
     Below is the beginning of the letter.
Dear President Roquemore
     The U.S. Department of Education, Office for Civil Rights (OCR), has completed its investigation of the above-referenced complaint against Irvine Valley College (College). The Complainant alleged that the College discriminated against her daughter (the Student) on the basis of disability.1 OCR investigated the following issue:
     Whether the College failed to provide the Student with a process to request additional time on assignments as an academic adjustment necessary to ensure that the Student could participate in the education program in a nondiscriminatory manner. Specifically, whether the College categorically denied her request for this adjustment without taking into consideration limitations imposed by disability.
     OCR investigated the complaint under the authority of Section 504 of the Rehabilitation Act of 1973, and its implementing regulation. Section 504 prohibits discrimination on the basis of disability by recipients of Federal financial assistance. OCR also has jurisdiction as a designated agency under Title II of the Americans with Disabilities Act of 1990 (ADA), as amended, and its implementing regulation over complaints alleging discrimination on the basis of disability that are filed against certain public entities….
. . .
A discriminating sort
     To investigate this complaint, OCR conducted interviews and reviewed documents and other information provided by the Complainant and the College. After careful review of the information gathered in the investigation, OCR concluded that the College did not fail to provide the Student with a process to request additional time on an Art History assignment or categorically deny her request for this specific adjustment without taking into consideration limitations imposed by disability. However, OCR also found that the College failed to respond appropriately to the Student's subsequent general request for extended time on all assignments as a disability-related accommodation. Finally, OCR determined that certain aspects of the College's Extended Time on Assignments policy are not consistent with Section 504 and Title II standards. The applicable legal standard, the facts gathered by OCR, and the reasons for OCR's conclusions are summarized below….
     I don't know if there's been further action on this matter since the letter's issuance ten months ago. I'll see if I can find anything. —rb



An old favorite.

7 comments:

Anonymous said...

Follow up Sir Roy. Wonder if any other requests were stymied? Still, some teachers may know little or nothing about the fed standards, but the administration should. It's their job. And we, as teachers, should be better informed. Maybe a session at InService so we don't have disservices to our students.

Anonymous said...

The longstanding problem with the administration is an unwillingness to be open and transparent and admit fault or weakness when it occurs. It is a perpetual celebration.

Anonymous said...

The conclusion from this is that now students with disabilities can get extra time on assignments, that's it.

Anonymous said...

I taught law for many years and would suggest that everyone read the entire
letter. This Blog will not allow the entire letter to be printed.
I also question why the student did not file the complaint.

Entire letter can be read at:

https://www2.ed.gov/about/offices/list/ocr/docs/investigations/.../09172090-a.pdf

Anonymous said...

http://www.dspssolutions.org/sites/default/files/resources/ocr_letter_09_11_2261_irvine_valley.pdf

The above mentioned case can also be reviewed at the above address.

Roy Bauer said...

4:57/5:02: You say that "This blog will not allow the entire letter to be printed." In fact, the link I provide on this blog post links to THE ENTIRE LETTER. Just click on it, Sherlock.

Anonymous said...

When I click on the link (the title of the letter) I see the entire letter - therefore the blog provided access to the letter. Me thinks the former law prof is from the last century and hasn't quite caught up to this one yet. I hope he doesn't work for the district!

Roy's obituary in LA Times and Register: "we were lucky to have you while we did"

  This ran in the Sunday December 24, 2023 edition of the Los Angeles Times and the Orange County Register : July 14, 1955 - November 20, 2...