This is the response I received from the U.S. Dept of Education Inspector General’s Office in regard to my April 30, 2020 letter. Tomorrow, I will post my answer to this pathetic and completely unhelpful letter.
Dear Mr. Detzner:
This letter is in response to your April 30, 2020 correspondence addressed to Secretary Betsy DeVos, U.S.Department of Education regarding the Neva King Cooper (NKC) School in the Miami-Dade County Public School District. You correspondence was forwarded to the Monitoring and State Improvement Planning Division, within the Office of Special Education Programs (OSEP) for review and reply. I apologize for the delay in responding.
Our nation’s schools are entrusted to provide safe, healthy, and supportive learning environments in which all students can learn, grow, and feel safe. This is what school personnel, parents, and other stakeholders in our education communities want and should expect. Safe schools where effective teaching and learning can take place are critical to preparing our students for success.
Secretary DeVos is a strong proponent of public education and believes every child should have access to a school that meets their needs. Secretary DeVos has expressed her commitment to ensuring that infants, toddlers, children and youth with disabilities and their families receive support and services they are entitled to under the Individuals with Disabilities Education Act (IDEA) Every school and community has unique circumstances, and accordingly, each community should engage in conversations about how to address and prevent violence locally.
From our review of your correspondence,it appears that you have addressed your concerns to State and local officials, including the Florida Department of Education (FDOE) and Florida Office of the Inspector General but are not satisfied with the results. We note, specifically, that decisions regarding the status of a school as a public school or public or private charter school are matters within local and/or State control. Your letter makes serious allegations about possible abuse of children with disabilities at the school. It is our understanding that in the State of Florida, allegations of abuse, neglect, or exploitation are primarily investigated by the Department of Children and Families (DCF). DCF operates a hotline (1-800-962-2873) for reporting such allegations.
It is unclear from your correspondence whether the concerns you raised are related to requirements under IDEA. To clarify, IDEA includes specific procedures that are available to resolve disputes between parents and public agencies regarding the identification, evaluation, educational placement, or provision of a free appropriate education to children with disabilities. These procedures include IDEA’s State complaint procedures (34C.F.R. &&300.151-300.153), mediation (34C.F.R.&300.506), the impartial due process hearing system required in 34 C.F.R. && 300.506-300.516. OSEP’s Q&A on IDEA Dispute Resolution Procedures (including State complaints, mediation, and due process complaints ), provides additional information about these procedures and may be of interest to you. For more information about IDEA requirements, you can access the Part B regulations at https://sites.ed.gov.idea/ .
IDEA places the responsibility with the State educational agency to administer the State complaint, mediation, and due process hearing in each state. Therefore, OSEP does not investigate child-specific complaints nor intervene in matters involving litigation, matters based on specific administrative or judicial decisions, or matters raised in judicial filings in a specific case.
The Rehabilitation Act of 1973, Section 504 addresses protections for students with disabilities. Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the department. The Department’s Office for Civil Rights (OCR) enforces section 504 in public elementary and secondary schools. For more information on how OCR provides protection for individuals with dis abilities, you may visit https://www2.ed.gov/about/offices/list/ocr/docs/howto.html .
Finally, OSEP provides funds to Parent Training and Information Centers (PTIs) There is at least one PTI in each State. To find out more about the support PTIs provide and to locate the PTI in your State, please visit the Parent Center Hub website at: http://www.parentcenterhub.org/.
I thank you for contacting the Department, and hope, to the extent consistent with State and Federal laws, that your concerns are resolved soon. If you have any questions regarding the information in this letter, please contact Mr. Dwight Thomas, OSEP’s State Lead for Florida, at (202) 245-6238. I hope that you and your family are staying safe and healthy during this national emergency.
Sincerely,
Elizabeth Newton
Customer Service Specialist
Office of Special Education Programs