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Education Law Center OCR letter

Education Law Center OCR letter

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Published by GothamSchools.org
A letter by Education Law Center attorney Wendy Lecker to the Office of Civil Rights appeal the dismissal of her complaint.
A letter by Education Law Center attorney Wendy Lecker to the Office of Civil Rights appeal the dismissal of her complaint.

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Published by: GothamSchools.org on Jul 23, 2013
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07/24/2013

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 VIA EMAIL and OVERNIGHT MAILJuly 17, 2013Emily Frangos, Esq.Compliance Team LeaderUnited States Department of EducationOffice for Civil Rights32 Old Slip 26
th
FloorNew York, NY 10005Re: Case No. 02 -13-1227New York City Department of EducationDear Ms. Frangos:On July 8, 2013, you sent me a letter dismissing the above-referenced complaint on the ground
that the allegation in the complaint “is unsupported and speculative.” Pursuant to the OCR Case
Processing Manual, this dismissal falls under Section 108 (c),
which reads:
The allegation is sospeculative, conclusory, or incoherent that it is not sufficiently grounded in fact for OCR to infer thatdiscrimination or retaliation may have occurred or is occurring.
 Section 108 mandates the following procedure for dismissals under subsection (c):Before dismissing a complaint allegation under (b) or (c) above, OCR will contact thecomplainant and explain in writing (by letter or via electronic mail) the information necessaryfor OCR to proceed to investigation of the complaint allegation, ask the complainant to providethis information to OCR within 20 calendar days of the date of the written request and advisethe complainant that the complaint allegation will be dismissed if the information is notreceived by that date. OCR will dismiss the complaint allegation if the requested information isnot received within 20 calendar days of the date of the written request.I never received any letter or email explaining the information necessary for OCR to proceed, nor anyrequest for such information. Nor was I ever advised that the complaint would be dismissed in 20 days if such information was not received. The only communication I received was the letter dated July 8,dismissing our complaint.I respectfully request that you follow OCR procedure, rescind the dismissal, and provide me witha letter detailing the information you need to proceed with the investigation. Once we receive the letterregarding the deficiencies you found in our complaint, we would then request a meeting to discussthose deficiencies. As Ms. Kim is in Boston, we would welcome a meeting via telephone conference call.

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