UNITED STATES DEPARTMENT OF FOR CIVIL RIGHTS Al ANSAK momma W99 BRYAN SLATE DALLASFR Taxes June 7, 2018 Mr. Iqbal Bhornbal Sent Via Regular US. Mail and Email to: 9 RE: OCR Case No. 06171844 Irving Independent School District Dear Mr. Bhombal: The US. Department of Education (Department), Office for Civil Rights (OCR). Dallas Office, has completed its evaluation of the above--referenced complaint you tiled against the Irving Independent School District (118]) or the District), Irving, Texas, which was received in our office on July 24, 2017. Your complaint alleges that the IISD discriminated against your son (the Student) on the basis of his race/national origin (Asian/Indian), and also retaliated against you and the Student. More specifically, based on OCR's careful review of your Written complaint and a telephone interview with you conducted on September 12, 2017, OCR has determined that your complaint alleges the following: 1. During the spring 2017 semester, the IISD discriminated against the Student on the basis of race/national origin by failing to take appropriate responsive action to address racially harassing conduct of the Student by his peers at John Haley Elementary, including the following incidents: a. On or around March 9, 2017, the Student was falsely accused of having a bomb by other students; b. On or around April 23, 2017. the Student was physically attacked and choked by another student in classroom; and c. On or around May 16, 2017, the Student was approached by two students in the library who made fun of his looks and then proceeded to physically attack him. 21 During the spring 20l7 semester, the IISD discriminated against the Student on the basis of race/national origin by treating him differently than similarly situated students of other races in the application of its discipline policies and procedures when: a. On or around March 9, 2017, the Student was suspended for one school day after he was falsely accused of having a bomb by other students; Page 2 Mr. Iqbal Bhombal; Irving Independent School District; OCR CaSe No. 06171844 b. On or around May 16, 2017, the Student was suspended out of school for three days after he defended himself when he was attacked by other students, and was subsequently removed to the alternative school; and c. The IISD failed to abide by its own discipline policies and procedures when it failed to offer the Student a meeting and opportunity to explain his version of events prior to ordering the Student removed to the alternative school in or around May 2017. - 3. During the 2017-18 school year, the IISD is discriminating against the Student on the basis of his race/national origin by treating him differently than similarly situated students of other races by forcing him to attend a different elementary school, Townley Elementary, than his previously?designated elementary school. 4. Since the spring semester 2017, the IISD has retaliated against you and the Student because you filed a complaint of racial harassment and discrimination with the IISD on behalf of yourself and the Student by: a Issuing a criminal trespass warning to you in or around March 2017; b. Filing a complaint with local police authorities accusing you of child endangerment; c. Reporting false allegations of child abandonment and sexual abuse to Child Protective Services; (1. Failing to abide by the District?s own discipline policies and procedures when removing the Student to an alternative school in May 2017; Removing the Student to an alternative school in May 2017; Refusing to provide the Student with lunch on or around May 2, 2017; and g. Ordering the Student to attend a different elementary school campus for the 2017-18 school year. This agency is responsible for determining whether entities that receive or bene?t from Federal ?nancial assistance from the US. Department of Education or an agency that has delegated investigative authority to this Department are in compliance with Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. 2000d et seq, and its implementing regulation at 34 C.F.R. Part 100, which prohibits discrimination on the basis of race, color, or national origin. Further, the regulation implementing Title VI, at 34 C.F.R. 100.7(e) provides, in relevant part: No recipient or other person shall intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by section 601 of the Act or this part, or because he has made a complaint, testi?ed, assisted, or participated in any manner in an investigation proceeding or hearing under this part. The IISD is a recipient of Federal financial assistance from the Department. Therefore, OCR has jurisdictional authority to process this complaint to resolution pursuant to Title VI. Page 3 Mr. Iqbal Bhombal; Irving Independent School District; OCR Case No. 06171844 Because OCR has determined that it has jurisdiction and that the allegations were timely filed, we are opening your complaint for investigation. Based on your complaint allegations and jurisdictional authority, OCR will investigate the following legal issues: 1. Whether the IISD discriminated against the Student on the basis of race/national origin by failing to adequately respond to racially harassing conduct by other students, which was suf?cient to constitute a hostile environment, and of which the IISD had or should have had notice during the spring semester 2017, in violation of Title VI, at 34 C.F.R. 100.3. 2. Whether the IISD discriminated against the Student on the basis of race/national origin during the spring 2017 semester by treating the Student more than one or more similarly situated students of other races in the application of the discipline policies and procedures, in violation of Title VI, at 34 C.F.R. 100.3. 3. Whether the IISD treated the Student differently on the basis of race/national origin in the context of an educational program or activity and thereby interfered with or limited the ability of the Student to participate in or bene?t from the services, activities, or privileges provided by the IISD during the 2017-18 school year when the IISD forced the Student to attend a different elementary school, in violation of Title VI, at 34 C.F.R. 100.3. 4. Whether the IISD has retaliated against the complainant and Student since the spring semester 2017 because the complainant filed a complaint of racial harassment and discrimination with the IISD on behalf of himself and the Student, in violation of 34 C.F.R. by: a. Issuing a criminal treSpass warning to the complainant in or around March 201 7; b. Filing a complaint with local police authorities accusing the complainant of child endangerment; 0. Reporting false allegations of child abandonment and sexual abuse to Child Protective Services; (1. Failing to abide by the District?s own discipline policies and procedures when removing the Student to an alternative school in May 2017; Removing the Student to an alternative school in May 2017; Refusing to provide the Student with lunch on or around May 2, 2017; and g. Ordering the Student to attend a different elementary school campus for the 2017?18 school year. we Please note that opening this complaint for investigation in no way implies that OCR has made a determination with regard to its merit. During the investigation, OCR is a neutral fact~fmder, collecting and analyzing relevant evidence from the complainant, the recipient, and other sources, as appropriate. OCR will ensure that its investigation is legally sufficient and is dispositive of the allegations, in accordance with the provisions of Case Processing Manual - Page 4 Mr. Iqbal Bhombal; Irving Independent School District; OCR Case No. 06171844 The IISD has been informed of your complaint allegations and the legal issues being investigated, and information and documentation have been requested. OCR will contact you and the IISD regarding the next step in the resolution process after it receives the response. I have enclosed Complaint Processing Procedures to provide you with an overview of our complaint evaluation and resolution process. Please note that OCR can resolve complaint allegations before completing an investigation in two ways: the Facilitated Resolution Between the Parties (FRBP) and voluntary resolution agreements. FRBP allows the parties (the complainant and the institution which is the subject of the complaint) an opportunity to resolve the complaint allegations quickly. If both parties are willing to try this approach, and if OCR determines that FRBP is appropriate, OCR will facilitate settlement discussions between the parties and work with the parties to help them understand the legal standards and possible remedies. Please feel free to contact Ms. Maria H. Gonzalez, the investigator assigned to this complaint, and let her know if you are interested in resolving the complaint prior to the conclusion of the investigation through the FRBP process. After carefully reviewing your allegations during the evaluation of your complaint, OCR has determined that you are also alleging that, on May 16, 2017, the Student was discriminated against on the basis of religion (Muslim). Please be advised that OCR does not have jurisdiction over complaints alleging religious discrimination. Therefore, OCR has determined that it lacks subject matter jurisdiction over the allegation of discrimination on the basis of religion. You may contact the United States Department of Justice (DOJ), Civil Rights Division, Educational Opportunities Section, regarding your allegation of discrimination on the basis of religion. The Educational Opportunities Section of the Civil Rights Division enforces Title IV of the Civil Rights Act of 1964, which prohibits discrimination on the basis of religion in public schools. You may contact the Educational Opportunities Section via email at education?usdoi.gov; by telephone at (202) 514- 4092 or 1?877?292-3804 (toll?free); facsimile at (202) 514-8337; or by writing a letter to the following address: . U.S. Department of Justice Civil Rights Division 950 Avenue, NW. Educational Opportunities Section, PHB Washington, D.C. 20530 In accordance with case processing procedures, we are closing your allegation regarding discrimination on the basis of religion effective the date of this letter and OCR will take no further action with respect to this allegation. This letter is not intended, nor should it be construed, to cover any other matters that are not speci?cally discussed herein. This letter sets forth determination in an individual OCR case-This letter is not a formal statement of OCR policy and should not be relied upon, cited, or construed as such. formal policy statements are approved by a duly authorized OCR of?cial and made available to the public. You may have the right to file a private suit in Federal court whether or not OCR ?nds a violation. Page 5 Mr. Iqbal Bhombal; Irving Independent School District; OCR Case No. 06171844 Please be advised that the District may not harass, coerce, intimidate, or discriminate against any individual because he or she has ?led a complaint or participated in the complaint resolution process. If this happens, you may ?le another complaint alleging such treatment. Under the Freedom of Information Act, it may be necessary to release this document and related correSpondence and records upon request. In the event that OCR receives such a request, we will seek to protect, to the extent provided by law, personally identi?able information. which, if released, could reasonably be expected to constitute an unwarranted invasion of personal prlvacy. If you have any questions regarding this letter, please contact Ms. Maria H. Gonzalez, the investigator assigned to this complaint, at (214) 661-9617, or via email at maria.h.gonzalez@ed.gov or you may contact me at (214) 661-9678 or via email at adriane.martin@ed.gov. Sincerely, Adriane P. Martin Supervisory 'Attorney/ Team Leader Of?ce for Civil Rights Enclosure