From: Subject: Discrimination - follow up Date: March 19. 2016 at 3:10 PM To: Deirdre Wells wells@marshiield.kl2.wi.us Cc: Marlene Stueland Dr Wells will note that the children are all - and look indeed like there was a deliberate effort to cast a certain into the role. There are no children- this email is a follow up to my earlier corrosiondence. Attached you will ?nd photos of the Sound of Music cast - as posted to Facehook. You You will also find a copy of Board of Education Policy 2260 which states: "The Board of Education is committed to providing an egpal educational opportunity for all students in the District. The Board does not discriminate on the basis of race color reli ion national creed, pregnancy, marital status, parental status, sexual orientation, sex [including transgender status. change of sex or sender identitvl. or phvsical. mental, emotional, or learning disability (?Protected Classes?) in an}: of its student program and activities." Further - the policy states: "In order to achieve the aforesaid goal. the Superintendent shall: Student Access 1. review current and proposed__ programs. activities. facilities. and practices to ensure that all students have equal access thereto and are not segregated on the basis of the Protected Classes in any duty. work. plav. classroom. or school mctice. except as may be permitted under State regulations:" Some of the questions that I have are as follows: How is it ossible that this cast does not represent the demographics oi the school district? 90 would be denied access to that particular activity based upon? . Why was not a DELIBERATE e?ort made to ensure diversity in the cas . 0 Who oversees this activity and how was this practice allowed to take place? . . What steps will school administration take to educate staff. change current practice and most importantly - rectify this situation with every child -who tried out [or the play and was denied access based upon- I anticipate that even if the staff who organized the play deny their intention - that the photos of the cast leave no doubt that discrimination based upon .did occur in the most overt and egregious manner. A board of education can set policy - and indeed there is a policy in place to protect students from discrimination. Unfortunately. the practice within the Marsh?eld High School was non-compliant with board policy. EXHIBIT 2t. \L?ttbr?t; .255 . . ta. . girl ..I I I I. ?nd 7: slit. . TEXT of pansy 2260: NONDISCRIMINATION AND ACCESS TO EQUAL EDUCATIONAL OPPORTUNITY The Board Edu tion is committe vi duc ional rtuni ior all students in the District. :1th Board does not discriminate on the basis of race, color, religion, national ori 'n anc creed re nanc mari a1 st aren 1 status on? incl in trans us Chan en er identit or si mental. emotional. or learning disabilitv (?Protected Classes?l in anv of its student ti i The Board is also committed to equal employment opportunity in its employment policies and practices as they relate to students. The Board?s policies pertaining to employment practices can be found in Policy 1422, Policy 3122, and Policy 4122 - Nondiscrimination and Equal Employment Opportunity. In order to achieve the aforesaid goal, the Superintendent shall: A. Curriculum Content review current and proposed courses of study and textbooks to detect any bias based upon the Protected Classes ascertaining whether or not supplemental materials, singly or taken as a whole, fairly depict the contribution of both sexes various races, ethnic groups, etc. toward the development of human society; provide that necessary programs are available for students with limited use of the English language; B. Staff Training develop an ongoing program of staff training and in?service training for school personnel designed to identify and solve problems of bias based upon the protected classes in all aspects of the program; BOARD OF EDUCATION PROGRAM UNIFIED SCHOOL DISTRICT OF MARSHFIELD Inona '7 n? '7 Has? 6 U1 C. ?Q._1dent .lati ms- 2. verify that facilities are made available in a non-discriminatory fashion, in accordance with Board Policy 7510 - Use of District Facilities, for non- curricular student activities that are initiated by parents or other members of the community, including but not limited to any group of?cially af?liated with the Boy Scouts of America or any other youth group listed in Title 36 of the United States Code as a patriotic society; D. District Support require that like aspects of the District program receive like support as to staff size and compensation, purchase and maintenance of facilities and equipment, access to such facilities and equipment, and related matters; E. Student Evaluation verify that tests, procedures, or guidance and counseling materials, which is/ are designed to evaluate student progress, rate aptitudes, analyze personality, or in any manner establish or tend to establish a category by which a student may be judged, are not differentiated or stereotyped on the basis of the Protected Classes. The Superintendent shall appoint and publicize the name of the compliance of?cer(s) who is are responsible for coordinating the District's efforts to comply with the applicable Federal and State laws and regulations, including the District's duty to address in a prompt and equitable manner any inquiries or complaints regarding discrimination or equal access. The Compliance Of?cer(s) also verify that proper notice of nondiscrimination for Title II of the Americans with Disabilities Act (as amended), Title VI and VII of the Civil Rights Act of 1964, Title IX of the Education Amendment Act of 1972, Section 504 of the Rehabilitation Act of 1973 (as amended), is provided to students, their parents, staff members, and the general public. BOARD OF EDUCATION PROGRAM UNIFIED SCHOOL DISTRICT OF MARSHFIELD 2260/page 3 of 7 The Superintendent shall attempt annually to identify children with disabilities, ages 3 - 21, who reside in the District but do not receive public education. In addition, he shall establish procedures to identify students who are Limited English Pro?cient, including immigrant children and youth, to assess their ability to participate in District programs, and develop and administer a program that meets the English language and academic needs of these students. This program shall include procedures for student placement, services, evaluation, and exit guidelines and shall be designed to provide students with effective instruction that leads to academic achievement and timely acquisition of pro?ciency in English. As a part of this program, the District will evaluate the progress of students in achieving English .. 4.1-- -..-..- .. ..-- - 2.. -.. language pronc1ency in me areas or listening, speaxmg, reading ana on an annual basis (see AG 226OF). Reporting Procedures Students, parents and all other members of the School District community are encouraged to report suspected violations of this policy to a teacher or administrator. Any teacher or administrator who receives such a complaint shall ?le it with the District?s Compliance Of?cer at his her ?rst Opportunity. Students who believe they have been denied equal access to District educational opportunities, in a manner inconsistent with this policy may initiate a complaint and the investigation process that is set forth below. Initiating a complaint will not adversely affect the complaining individual's participation in educational or extra- curricular programs unless the complaining individual makes the complaint maliciously or with knowledge that it is false. District Compliance Of?cers The Board designates the following individuals to serve as the District?s "Compliance Of?cers" (hereinafter referred to as the Tracey Kelz Director of Student Services 715-387-1101 Kim Ziembo Director of Teaching 85 Learning 71 5-387 ?1 101 Uni?ed School District of Marsh?eld March 24, 2016 Re: - Discrimination Complaint Dear? Thank you for your correspondence dated March 18, 2016, as well as your follow?up correspondence on March 19, 2016. The Marsh?eld Uni?ed School District of Marsh?eld has received your complaint alleging discrimination. Please know that we take such allegations seriously. The District W1 immediately commence an investigation in accordance with Board Policy 2260. Given the nature of your complaint, the District has appointed both an internal compliance of?cer, Director of Teaching Learning Kimberly Ziembo, and an outside investigator, District Legal Counsel Shana R. Lewis, to conduct the investigation. Ms. Ziembo and Ms. Lewis will be in touch with you in the near ?iture with regard to this investigation. We appreciate your patience and cooperation as the District proceeds with this investigation. If you have any questions or concerns, please do not hesitate to contact me. Thank you. Sincerely, with Dr. Dee Wells Superintendent cc: Kimberly Ziernbo, Director of Teaching Learning Shana R. Lewis, Strang, Patteson, Renning, Lewis Lacy, s.c. EXHIBIT i 3 Board of Education Of?ce - 1010 East Fourth Street - Marsh?eld, WI 54449 - (715) 387-1101 Grant Elementary 435 W. Upltam Street Morsh?eld. WI 54449 Lincoln Elementary 1621 S. Felice-r Avenue Marsh?eld, 54-1-49 Madison Elementary 510 N. Palmetto Avenue Marsh?eld. WI 54449 Nasonville Elementary 1104-1 US Hwy 10 Marshfield. WI 544-19 Washington Elementary 111?. W. Street Marsh?eld, WI 54449 Ma?h?eld Middle School 900 E. Fourth Street Marsh?eld, WI 54-1-19 Marsh?eld High School 1-101 F. Becker Road Marsh?eld, 544-19 Alternative High School 107 E. 3rd Street Marsh?eld, WI 544-19 Uni?ed School District of Marsh?eld Via Electronic Mail Mayll,2016 CONFIDENTIAL PUPIL RECORD Re: Investigative Report?- Discrimination Complaint Dear- On or about March 18, 2016, the Marsh?eld Uni?ed School District (District) received your complaint alleging a violation of Board Policy 2260: Nondiscrimination and Access to Equal Educational Opportunity. On March 24. 2016, we noti?ed you that Director of Teaching and Learning Kimberly Ziembo and District Legal Counsel Shana R. Lewis were appointed to conduct the investigation. Between April 1. 2016, and May 3, 2016, Ms. Ziembo and Ms. Lewis interviewed witnesses to the events set forth in your complaint, and the alleged perpetrator(s) of the discrimination. They also reviewed relevant District records. After analyzing the evidence collected, Ms. Ziembo and Ms. Lewis determined that there was substantial evidence to conclude that two District employees violated Board Policy 2260 when they made student casting decisions for The Sound of Music, the Marsh?eld High School Spring Musical (Musical) based, in part, on - However, Ms. Ziembo and Ms. Lewis also determined that the District employees did not intentionally engage in discrimination. Rather, the evidence demonstrates that, when the District employees sought to cast students to portray members of the Von Trapp family, they looked to cast students who resembled one another and who resembled the real?life individuals on which the characters were based. The evidence con?rms that the District employees did not set out to discriminate against on the basis of - Indeed, the District employees were surprised and embarrassed once they realized that their actions violated Board Policy 2260 and, more important, that they caused a student participating in the audition process to feel excluded and discriminated against based on his/her/their- 1 Please note that the identity of the complainant has not been shared with the Distn?ct employees. whose actions are the subject of this report. Board of Education Of?ce 0 1010 East Fourth Street - Marshfield, W154449 0 (715) 387-1101 5 EXHIBIT Uni?ed School District of Marsh?eld It is important to note that the investigators? review of prior Marshiield High School production casting decisions revealed that the District employees have cast - - students in several roles. Therefore. there is no evidence to demonstrate that this is a pervasive or persistent concem. That said, it is certainly a situation that we do not want to repeat. To that end, as a result of this situation, the District?s Administration will be providing directives to the District employees involved in the allegations described in the complaint designed to prevent a similar situation from occurring in the future. In addition, the District plans to revise the Board Policies and Rules governing school theatrical productions, which will include. but not be limited to, a commitment to _casting. Furthermore, the District plans to require that District employees participate in training focused on student nondiscrimination and equal educational opportunities. We appreciate that you brought this matter to our attention. We trust that this decision addresses your concerns. If you have any questions andt?or would like to discuss this matter further, please contact me. Sincerely, Dee Wells Superintendent cc: Kimberly Ziembo, Director of Teaching and Learning Attorney Shana R. Lewis. Strong Patteson Renning Lewis 8: Lacy, s.c. Board of Education Office - 1010 East Fourth Street - Marsh?eld, WI 54449 - (715)387-1101