﻿From:	Lilly Rangel-Diaz <lillyrdiaz@bellsouth.net>
Sent:	Friday, December 16, 2005 6:08:29 PM
To:	gary.walker@ed.gov;david.black@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;'Battle, Sandra' <Sandra.Battle@ed.gov>;'Royals, Georgetta' <Georgetta.Royals@ed.gov>;'Shields, Doris' <Doris.Shields@ed.gov>;'Ballard, Arinita' <Arinita.Ballard@ed.gov>;dragnslayer@tampabay.rr.com;Howells, Steve <SteveH@advocacycenter.org>
Subject:	RE: Florida DOE - Letter of Violation - FDOE No. 04-02-1026

December 16, 2005

 

Mr. Gary Walker

Director

U.S. Department of Education

Office for Civil Rights

Atlanta, Georgia

 

And

 

Mr. David Black

Acting Assistant Secretary 

U.S. Department of Education

Office for Civil Rights

Washington, D.C.

 

Dear Mr. Walker and Mr. Black:

 

I appreciate receiving a reply from Mr. Walker which I have copied and pasted below.  However, I remain deeply concerned as it continues to be my understanding that the position of the State of Florida Department of Education  (FDE) has not changed regarding its non-compliance with Section 504 and Title II with respect to the provision of speech and language therapy as a related service to students with disabilities.  I have no doubt that in the face of this blatant and ongoing disregard for compliance with Section 504 and Title II, OCR must indeed share my concerns and the concerns of many in the State of Florida, especially those most affected.  I have no doubt that OCR would have liked the FDE who is “the recipient [of federal dollars] take action to come into compliance at the earliest possible date.”  But that is exactly the problem that we continue to be faced with:  It has not happened.  There is no “earliest possible date” any more.  Time is up!  This complaint was filed in 2001 and FDE has demonstrated beyond any reasonable doubt and against a substantial amount of evidence that it does not share our concerns and that it has no intent to “take action to come into compliance.”  Instead, the FDE continues to delay the provision of these services that children with disabilities in Florida have been entitled to receive but have been denied for many and OCR continues to tolerate this non-compliance with Section 504 and Title II and this ongoing discrimination against some of our most vulnerable children.  The FDE has suffered no consequences.  It has collected and it continues to collect every federal dollar available to FDE with no ACCOUNTABILITY, while the affected group of children has suffered and continues to suffer irreparable damage.  This situation is no longer acceptable.  

 

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.  Do you think that it would help if we are able to get the attention of the media?  In your experience, has the media been able to put the pressure in similar cases when OCR has been unsuccessful?  A written reply to this e-letter is requested within 48 hours. 

 

I appreciate your assistance and your prompt attention.  These children need immediate help and we are counting on OCR to be our voice and our advocate on behalf of these children.

 

 

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

____________________

Ms. Rangel-Diaz: 

Thank you for your communication of December 14, 2005 addressed to David Black, Deputy Assistant Secretary, Office for Civil Rights, and to me as the Director of the Atlanta Office. You indicated your strong concern for the well-being of students with disabilities who need speech and language pathology as a related service, but who are not receiving the service because the Florida Department of Education (FDOE) has not authorized the service to be provided by local school districts.  We want you to know that we share your concern.

As you know, OCR’s jurisdiction does not extend to the enforcement of IDEA.  However, as you also know, OCR-Atlanta has verbally apprised FDOE that it is in non-compliance with Section 504 and Title II with respect to the issue you mentioned above and which is the basis for your complaint, # 04-02-1026.  My staff initiated in-person negotiations with State officials in mid-November.  At present, negotiations are on-going and have not concluded.  We want to assure you that OCR shares your concern that the recipient take action to come into compliance at the earliest possible date.  You will, of course, be apprised when negotiations have been completed and FDOE has executed an agreement.  

If you have further concerns with regard to this matter, please let me know.

                                                Gary S. Walker

                                                Director

                                                Atlanta Office

 

-----Original Message-----
From: Lilly Rangel-Diaz [mailto:lillyrdiaz@bellsouth.net] 
Sent: Wednesday, December 14, 2005 5:48 PM
To: 'david.black@ed.gov'; 'gary.walker@ed.gov'
Cc: Roger.Mills@ed.gov; jeb@jeb.org; MikesMom3@aol.com; Debra Dowds (DebraD@FDDC.ORG); Benito, Nila; '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
Importance: High

 

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

 

 

