﻿From:	Lilly Rangel-Diaz <lillyrdiaz@bellsouth.net>
Sent:	Wednesday, December 14, 2005 10:47:43 PM
To:	david.black@ed.gov;gary.walker@ed.gov
CC:	Roger.Mills@ed.gov;Jeb Bush </O=JEB BUSH/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=JEB>;MikesMom3@aol.com;Debra Dowds <DebraD@FDDC.ORG>;Benito, Nila <benito@fmhi.usf.edu>;berthyda@bellsouth.net;BerthyDA@aol.com;Milton. Aponte2 <Milton.Aponte2@usdoj.gov>;rfrank@hp.ufl.edu;MLBoswell@aol.com;dragnslayer@tampabay.rr.com
Subject:	Florida DOE - Letter of Violation - FDOE No. 04-02-1026

December 14, 2005

 

 

Mr. David Black

Acting Assistant Secretary 

U.S. Department of Education

Office for Civil Rights

Washington, D.C.

 

And

 

Mr. Gary Walker

Director

U.S. Department of Education

Office for Civil Rights

Atlanta, Georgia

 

Dear Mr. Black and Mr. Walker:

 

It is absolutely necessary that the Office for Civil Rights (“OCR”) issue a letter of violation to the State of Florida Department of Education (“FDE”) requesting that the FDE may not delay any further the provision of speech and language therapy as a related service to all students with disabilities who need it.  The students that have been most affected by this pattern and practice of discrimination are students with developmental disabilities, especially those who are labeled Educable Mentally Handicapped (EMH), Trainable Mentally Handicapped (TMH) and Profound Mentally Handicapped (PMH).  Despite repeated violation citations, including but not limited to documented findings of discrimination against FDE for this very same issue, the FDE continues to engage in the same pattern and practice of discrimination against these students.

 

This pattern and practice of discrimination was brought to the attention of OCR in a complaint filed on October 12, 2001.  It is unconscionable that four years later and despite findings of noncompliance, the FDE continues to hurt these students in its noncompliance with the law.  Following a finding of discrimination issued by OCR and subsequent negotiations initiated by OCR in an attempt to enter into a Resolution Agreement with FDE, the FDE’s position continues to be that a state law must be passed before FDE can spend federal IDEA dollars on these related services that are expressly authorized by IDEA.  Meanwhile, FDE continues to deprive yet another generation of these students claiming that it must continue to do so until the law in Florida is changed and that its recalcitrant and discriminatory position does not constitute a violation of Section 504 of the Rehabilitation Act (“Section 504”) and of Title II of the Americans with Disabilities Act (“Title II of the ADA”).  It is an unequivocal and documented fact that indeed this recalcitrant position constitutes a violation of IDEA, as well as a violation of Section 504 and Title II of the ADA.

 

This discrimination cannot be tolerated any longer.  Again, on behalf of the students with disabilities in Florida that have been affected and that continue to be affected by this pattern and practice of discrimination, we demand that a letter of violation be issued to the FDE within five days.  A written reply to this e-letter is requested within 48 hours.  

 

Sincerely,

 

 

Lilly Rangel-Diaz

CENTER FOR EDUCATION ADVOCACY, INC.

www.centerforeducationadvocacy.com

5973 S.W. 42nd Terrace

Miami, Florida  33155

786-253-3858

Fax:  305-666-4969

E-mail:  lillyrdiaz@bellsouth.net

“Overcome evil with good.”  Pope John Paul II

 

 

