UNITED STATES DEPARTMENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS
1244 SPEER BLVD, SUITE 310
DENVER, CO 80204-3582

REGION VIII
ARIZONA
COLORADO
NEW MEXICO
UTAH
WYOMING

November 13, 2018
Dr. Javier Abrego
Superintendent
Connie Quintana
Harvest Thomas
Dr. Bill Hyde
David Rolla
Dominick Moreno
Members of the Board of Education
Adams County School District 14 (Commerce City)
5291 East 60th Avenue
Commerce City, Colorado 80022
Via email only at: jabrego@adams14.org; cquintan@adams14.org; hthomas@adams14.org;
bhyde@adams14.org; drolla@adams14.org; dmoreno@adams14.org
Re:

Adams County School District 14
Case Numbers 08-09-1230 and 08-10-1112

Dear Superintendent Abrego and Members of the Board of Education:
This letter addresses the monitoring of the Resolution Agreements with the Office for Civil
Rights (OCR) in case numbers 08-09-1230 and 08-10-1112. We focus on the specific
requirements of the resolution agreements and OCR’s assessment of the District’s ability to meet
these requirements.
At the outset, OCR recognizes that there have been significant leadership changes in the District
both at the Administration and School Board levels. OCR reiterates that, despite these changes,
the District is obligated to adhere to federal civil rights laws and also to implement the agreed
upon terms of these Resolution Agreements. We note that during the monitoring of these two
cases, with each new administration in the District, there is a pattern of a systematic departure of
individuals who possess appropriate expertise, knowledge, and understanding of all aspects of the
alternative language programing for the District and who were working with OCR, as well as
individuals tasked with implementing the District’s steps to address and remedy the hostile
environment. 1 As a result, the District effectively starts over with its compliance efforts with each
new administration. 2
1

In the life of the monitoring of these two cases, the Office for Civil Rights has worked with three different
superintendents and various members of the Board of Education.
2
The District has not completed the required agreement items in either of these identified cases in 9 and 8 years
respectively.
The Department of Education’s mission is to promote student achievement and preparation for global competitiveness
by fostering educational excellence and ensuring equal access.
www.ed.gov

 Page 2 of 34 OCR Cases 08-09-1230 and 08-10-1112

OCR attempted, in previous meetings with administration and school board officials, to work
collaboratively with the District in its effort to fulfill the terms of the Resolution Agreements,
and continues to stand ready to provide that assistance. In an effort to create this type of
interaction, we will schedule a meeting with the District’s administration and members of
the Board of Education before the end of 2018. Additionally, OCR will invite individuals
from the Colorado Department of Education to discuss the current state of these agreements and
the concerns discussed in the remainder of this letter. The intent of this initial meeting will be to
provide direction to the District so that an effective action plan can be initiated moving forward.
As a reminder, if the District fails to comply with the terms of the resolution agreements, OCR
must consider all available options to encourage the District to come into compliance with the
federal civil rights laws we enforce. Those options can include either: (1) initiating
administrative proceedings to suspend, terminate, or refuse to grant or continue and defer
financial assistance from the U.S. Department of Education to the District; or (2) referring these
cases to the U.S. Department of Justice for judicial proceedings. It remains our hope that these
actions can be avoided and that we can work together in completing the implementation of the
two resolution agreements.
The remainder of this letter consists of the Agreement items from both Resolution Agreements
presented in italics, with our discussion of the monitoring evidence as of the date of this letter.
Background
The complaint in case number 08-09-1230 was filed on August 7, 2009. In this case, the
Complainant alleged that the District discriminated against national origin minority students on
the basis of their limited English proficiency (LEP or English Language Learner-ELL) by not
providing them services necessary to participate meaningfully in the District’s educational
program. More specifically, the Complainant alleged the District did not provide alternative
language program services to all LEP students, and the District did not ensure that all teachers
who are providing alternative language program (ALP) services are qualified. Further, paraprofessionals providing services were not working under the direct supervision of a qualified
teacher.
We initiated an investigation of these allegations and the allegations in OCR case number 08-101112 under Title VI of the Civil Rights Act of 1964 (Title VI), 42 U.S.C. § 2000d, and its
implementing regulation, at 34 C.F.R. Part 100, which prohibit discrimination on the bases of
race, color, or national origin in activities or programs that receive federal financial assistance.
The District receives federal financial assistance from the Department and therefore is subject to
the provisions of Title VI and its implementing regulation.
To resolve the allegations, the Adams County School District 14 (District) signed a Resolution
Agreement with our office on February 5, 2010. 3
In March 2010, we received a related OCR complaint against the District, OCR case number 0810-1112, alleging that the District was a hostile environment toward Hispanics and that the
District failed to communicate with national origin language minority parents in a language and
3

The Resolution Agreement in this case was signed by Dr. Susan Chandler, a former Superintendent.

 Page 3 of 34 OCR Cases 08-09-1230 and 08-10-1112

manner that parents understand. OCR made violation findings in case number 08-10-1112. We
found that the District failed to communicate effectively with parents who are limited in their
English proficiency and that the District was responsible for the creation of a hostile environment
toward Hispanic students, parents, and staff. On February 11, 2014, the District signed an
Agreement to come into compliance with Federal law in that case. 4
In the Resolution Agreement for OCR case number 08-10-1112, the District agreed to add
additional requirements to the monitoring of 08-09-1230 concerning the District’s “ELL Design
Committee”, the District’s language use policy, and communication with LEP parents in that they
are closely aligned with ALP decisions and monitoring. These were areas where during the
investigation of OCR case number 08-10-1112 the District was found to have violated Title VI of
the Civil Rights Act of 1964. We also address those areas of compliance in this letter.
As reported by the District, Adams County 14 School District has eleven schools to serve
approximately 7,000 students kindergarten through twelfth grade. The District is comprised of
eleven elementary schools, two middle schools and two high schools. The District is greater
than 80 percent Hispanic, with at least 59.27 percent of the student population being Spanish
speaking and 39.55 percent English speaking. There are approximately 41 students in the
District whose primary home language is other than English or Spanish. 5 Every school except
for Lester Arnold Alternative High School has a majority of students that are Spanish speaking. 6
At least 53 percent of the District’s students, kindergarten through fifth grade, are English
language learners. At the secondary level, there are at least 40 to 43 percent English language
learners. 7 Importantly, this is an English and Spanish speaking community.
Summary of OCR’s monitoring of the Resolution Agreement for 08-09-1230
On September 30, 2015, the District provided OCR with a draft alternative language program
plan for OCR’s review and approval. The District explained its intent to use the plan as an
interim measure and to phase into its full implementation while working with OCR on final plan
approval. Our recent monitoring inquiry demonstrated that the District is not implementing its
interim ALP plan that it submitted to OCR in 2015.
In OCR’s meeting with Superintendent, Dr. Abrego in February 2018, Dr. Abrego initially
repudiated the 2015-16 ELL Plan (Plan) to the Office for Civil Rights. When asked for
clarification, Dr. Abrego modified his statement and said that the District was implementing parts
of the plan. Ultimately, during the conversation, Dr. Abrego stated that the District was
implementing the draft 2015 ELL Plan.
As mentioned above, with each new administration in the District, there is a loss of expertise,
knowledge and work that the District has made toward implementing an appropriate and successful
ALP. Currently, this has resulted in District administration claiming to OCR that it does not know
4

The Resolution Agreement in OCR case number 08-10-1112 was signed by Mr. Patrick Sanchez, the former
Superintendent and by Mr. Robert Vashaw, the then President of the Board of Education.
5
There are sixteen languages represented in the District currently.
6
Lester Arnold Alternative High School has approximately eight more English speakers than Spanish speakers.
7
OCR is concerned that the District may not be identifying and serving ELL students at ELL levels 3 and 4
especially at the secondary level so this count may be inaccurate.

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what the District’s alternative language program is and starting over to re-invent programming for
ELL students which should have been in place from prior administrations.
In an interview in March 2018, Dr. Abrego stated that ELL programing was left to the principals to
decide and implement. This is problematic where evidence demonstrates that principals have
decided to not implement an alternative language plan in a manner that meets the requirements of
Title VI and the District’s Resolution Agreement with OCR.
The District has an ongoing obligation to provide an appropriate alternative language program
while navigating final approval of its ALP with OCR. Principals may not choose which pieces of
the plan school staff will or will not implement. This decision by the District displaces the impact
and effectiveness of the District’s Resolution Agreements with OCR. Through OCR’s
monitoring, we learned that the District is not implementing its interim ALP plan or any program
(with fidelity, integrity, or continuity) that meets the requirements of the Resolution Agreement
or Title VI of the Civil Rights Act of 1964. This is an ongoing compliance concern for OCR.
Evidence from the District, the Colorado Department of Education website, and interviews with
District administration, staff, and community members demonstrates that the District has not met
the terms of this Resolution Agreement, its own interim alternative language program (ELL
Plan) or with the requirements of federal law to: (1) have an ALP plan that is recognized as
sound by some experts in the field or is considered a legitimate experimental strategy; (2) take
steps reasonably calculated to implement its chosen ALP; and (3) to evaluate its program to
ensure that it is effective and that ELL students are receiving equal educational opportunities
(e.g., learning English and experiencing equal access to other content area instruction ). 8
The District must also have effective communication with parents who have a primary home
language other than English. Evidence and interviews demonstrate that the District is not
communicating with parents consistently in a language and manner that parents understand.
Resolution Agreement
Item 8
The District may seek technical assistance from OCR and input from administrators,
staff, and the community in the development of its Plan (described under Item 9 of this
Agreement) for addressing the educational needs of ELL students.

To meet the requirements of this Agreement Item, on September 15, 2014, the District informed
OCR that it was working with the BUENO Center for Multicultural Education at the University
of Colorado (BUENO Center), a nationally recognized organization with expertise in this area, to
redevelop its alternative language program that had not been progressing toward compliance or
full implementation. As requested by the District, and as recommended in our Resolution
Agreement with the District, we approved the District to work with the BUENO Center. Further,

8

This is codified in Title III of the Every Student Succeeds Act (ESSA).
See, http://www.everystudentsucceedsact.org/, and
https://legcounsel.house.gov/Comps/Elementary%20And%20Secondary%20Education%20Act%20Of%201965.pdf

 Page 5 of 34 OCR Cases 08-09-1230 and 08-10-1112

the OCR approved the BUENO Center as an external consultant group as was required to assist
the District in OCR case number 08-10-1112.
Surprisingly, in May 2018, the District non-renewed its ELL Director and reportedly eliminated
the position from the District. During our recent inquiry we obtained information demonstrating
that the District is modifying its ALP, without the assistance of a qualified ELL Director and
without the input or assistance from its identified external consultant as agreed to in conjunction
with case number 08-10-1112. The District’s current status in this area is unknown.
Item 9-District’s Alternative Language Plan
…[t]he District will develop and submit to OCR for review a draft written Plan for
providing educational services to all its ELL students, as stipulated below. OCR
anticipates that the District may need to submit successive drafts of its Plan, within time
frames specified by OCR, to ensure that the District’s final Plan adequately meets all
terms of Item 9 of this Agreement. OCR will provide an evaluation of each element of the
District’s draft Plan(s) and may provide technical assistance as required to develop a
final Plan that complies with the regulations and this Agreement. Failure by the District
to timely provide OCR with a final Plan that meets all terms of Item 9 of this Agreement
will be considered a breach of this Agreement.
For each Plan item, the Plan will specify the procedures, corresponding activities, the
dates for these activities, the persons responsible, and the supporting documentation. The
District's Plan will address the following educational services for ELL students at each
school:
A.

B.

9

Placement of ELL students. The District will develop and describe procedures
to ensure appropriate placement of all ELL students into alternative language
programs (ALPs) pursuant to ALP models selected by the District 9. These
procedures will ensure that all ELL students receive appropriate English
language acquisition services despite transfers or changes in schools.
Selected alternative language models. The District will identify the persons
responsible and the timeframes applicable to the implementation of each ALP
model described in the Plan. Specifically, the District will:
1.
Describe the ALP model(s) of direct English instruction that will be
provided to all ELL students on a permanent, daily basis at the
elementary, middle school, and high school levels, including the
educational theory(ies) recognized by experts in the field on which the
program is based, and the interim services provided while the permanent
ALP model(s) is being phased-in;
2.
Delineate what specific educational services will be provided to all ELL
students, based on their respective English-language and academic
needs. Other criteria to consider may include, but are not limited to,

OCR does not require or endorse the use of any particular program model to serve ELL students. Each
recipient can select approaches, standards and procedures that are appropriate for its local needs based upon
sound educational judgments and practices that will ensure equal educational opportunities for its ELL
students.

 Page 6 of 34 OCR Cases 08-09-1230 and 08-10-1112

C.

proficiency in the primary or home language, academic experience and
age.
3.
Describe how ELL students in schools with low-incidence languageminority students and no formal ALP will receive English language
remediation assistance; and
4.
Describe how ELL students whose parents refuse ALP services are
provided language assistance.
Staffing. The District will develop and describe procedures to ensure that it has
appropriate staffing to fully implement its selected ALP service model(s).
1.
The District will evaluate how many certified and bilingual or ESL
endorsed teachers 10, bilingual assistants or tutors, and other staff are
necessary to fully implement the ALP model(s) at each school enrolling
ELL students. In making this determination, the District will consider
the training and qualifications of staff needed to implement each service
model, specifically:
a.
The primary providers of ALP instruction are to be certified
teachers who are fully trained and qualified to deliver ALP
instruction;
b.
Any bilingual teachers, assistants, or tutors who provide native
language support in a bilingual program are to have the
appropriate level of skill in speaking, reading and writing in
English and the other language; and
c.
All tutors and assistants in the ALP are to be under the direct
supervision of qualified ALP teachers (i.e. teachers who are
endorsed, or are seeking endorsement in ESL or bilingual
education).
2.
The District will determine the extent to which the staff needed to
implement the ALP models and services above are currently available,
and how many additional staff members need to be trained, hired, or
assigned to the ALP program to fill those staffing needs.
3.
The District will describe the steps it will take to train, hire, or assign
staff members to meet its ALP staffing needs with fully qualified staff on
a permanent basis. In the permanent phase all ELL students will be
taught in the ALP by certified teachers who have been fully trained and
qualified to deliver ALP instruction (e.g., certified teachers with an
endorsement in bilingual education or ESL methodologies).
4.
The District will also describe the staffing patterns it will use in the
interim, while additional staff members are being trained, hired or
assigned to the ALP. The District will take timely measures to
adequately staff the ALP.

Based on ALP compliance concerns that were identified during the investigation of OCR case
number 08-10-1112, in a monitoring letter on August 18, 2014, OCR asked the District to update
its information for OCR concerning its alternative language program including staffing numbers
and endorsements for teachers providing English language development (ELD) services for the
program. On September 15, 2014, the District provided OCR with a report describing

10

In Colorado, the endorsement is a Linguistically Diverse (ESL or bilingual) endorsement.

 Page 7 of 34 OCR Cases 08-09-1230 and 08-10-1112

rudimentary ELD instruction per Agreement Item 9 and a list of teachers’ endorsements for those
teachers providing ELD instruction. 11
The data provided by the District demonstrated that the District was not providing alternative
language services to all ELL students and did not have qualified staff to provide those services.
The District raised its own compliance concerns with its failed implementation and shared its
intent to launch a “wholesale redesign” of its alternative language programming, and to begin the
phase-in of the new redesigned plan as an interim measure in the fall of 2015.
During the tenure of the former superintendent, Pat Sanchez, and with the assistance of its
identified consultants and support from the community, the District drafted a new ALP Plan and
submitted it to OCR for approval on September 30, 2015, and began implementing the plan
(September 2015 Plan) as an interim measure while continuing to work with OCR on its approval
and compliance. In the September 2015 Plan, the District reintroduced ELD instruction for all
ELL students K-12, and K-1 of bilingual education. Subsequently, the District reintroduced 2nd
grade bilingual education in the fall of 2016. In only its third year of bilingual education, the
District increased to a bilingual 3rd grade in the fall of the 2017-2018 school year.
The District’s plan describes English language development (ELD) for all English language
learners (non-English speaking [NEPs levels 1 and 2], and limited English proficient [LEPs levels
3 and 4]) to be provided at every school in the District, K-12. The plan describes a late-exit
bilingual education program to begin with Kindergarten and first grades and build yearly to include
K-5 at Monaco Elementary School, Dupont Elementary School, Kemp Elementary School and
Hanson Elementary School, and a partnership with the BUENO Center to strengthen the biliteracy
piece of the bilingual program. In the partnership, the BUENO Center was going to assist the
District in implementing, training, and capacity building for the biliteracy piece of its bilingual
program using the Literacy Squared® model.
The plan also identifies that secondary NEPs levels 1 and 2 will attend a newcomer program at
Kearney Middle School and Adams City High School respectively. The newcomer program is to
provide ELD, other intensive content area language development and support for the native
language for students for 2 years while considered non-English proficient (NEPs). Finally, the
plan addressed staffing, student assessments and a proposed plan for long-term English language
learners.
With regard to providing adequate staff for the District’s program, the District agreed to work
toward Culturally and Linguistically Different Education (CLDE) endorsements for all teachers
providing services in both ELD and bilingual classrooms respectively.
The District’s written Plan describes that the District’s mission is to “ensure that English learners
attain English fluency, meet high academic expectations in order to become a successful,
productive, linguistically- and culturally-empowered individual in a global society”. The
District’s philosophy as stated in the 2015 ELL Plan is that “maintaining and developing a
student’s native language is beneficial for their academic achievement and self-esteem.
Language is valued as an asset. Biliteracy is the goal.”
11

This response was provided by former Superintendent, Patrick Sanchez and former in-house counsel, Walter
Kramarz.

 Page 8 of 34 OCR Cases 08-09-1230 and 08-10-1112

OCR reviewed the District’s ELL Plan and found areas that need to be examined and revised, and
pieces of the plan that are lacking vital plan information. Prior to the upcoming meeting with the
District and other identified stakeholders, we will provide an electronic copy of the ELL Plan in
MS-Word format with our comments. As a preview, we have concerns involving evaluation and
placement of ELL students, specific programming identified in the Plan, including models of
instruction, alternative language programming for long-term English language learners, staffing
requirements, appropriate endorsements and professional development.
Item 9-A. Placement of ELL Students
During the 2017-2018 school year, OCR learned from District staff and administration that the
District’s secondary program has been serving only the non-English speaking (NEP) levels 1 and 2
students instead of all ELL levels 1-4. Additionally, OCR learned from these sources that during
the 2017-18 School year, approximately 65 ELL students at NEP levels 1 and 2, at Adams City
High School received no ELL services until the second semester. 12
Although identified in the ALP plan as a crucial key to monitoring and moving students through
the ALP services, we learned from staff that schools do not have functional School Language
Review Teams (SLRT) to determine the re-designation of ELL students into new ELL
instructional categories as described in the Plan. 13 This impacts at least 53 percent of elementary
students and at least 43 percent of secondary students. Without a functioning SLRT, the District
has no mechanism to appropriately assess ELL student progress, and affect student placement into
appropriate ELD settings. It becomes a Title VI violation when ELL students are not appropriately
identified and not appropriately served to address their ELL needs.
Item 9-B. Selected alternative language models
Our inquiry and interviews with staff and others uncovered that in every elementary school of the
District, English language development is not being appropriately or adequately provided. We
learned that ELD instruction is being provided to ELL students and English only students together
at the same time in classrooms with all the same instruction. In many classrooms, there is no effort
to provide different instruction for English only students during ELD instructional time. ELL
students are being instructed with the same curriculum as English only students and there is no
identifiable ELD instruction for ELL students in these settings.

12

The District is obligated to offer compensatory ALP services to Level 3 and 4 students who did not receive ELD
services during the 2017-2018 school year, and to the approximately 65 Level 1 and 2 students who did not receive
alternative language services in the fall of the 2017-18 school year.
13
Each school in the District is to have a School Language Review Team (SLRT) to review the body of evidence
contributed by ELD teachers, classroom teachers and available assessments, across the four language domains,
including academic achievement and literacy. The SLRT is to determine if an ELL student needs to be promoted,
retained or exited from any part of the ALP. SLRT in each school will include: an administrator; ELD coach or
SAL representative, ELD teachers, counselors, parents and the special education teacher if the student is twice
identified. See, ELD Plan 2015-1016, page 33.

 Page 9 of 34 OCR Cases 08-09-1230 and 08-10-1112

We learned through a variety of sources that at District middle schools and high schools ELL
students are being required to sacrifice elective classes and schedule ALP services during those
class times.
In the District’s bilingual program, the District is not providing mathematics instruction or
alternating content area instruction in Spanish. This will be addressed in greater detail in the
comments in the draft ELL Plan.
In the 2017-2018 school year, the District’s Chief Academic Officer and some principals directed
teachers to reduce and in some schools eliminate critical Spanish language instruction in reading
and language arts in bilingual classrooms specifically in 2nd and 3rd grade, supplanting instruction
and deviating from in its ALP Plan. The District also chose not to re-institute bilingual 4th grade at
bilingual schools for the 2018-2019 school year.
During the 2017-18 school year, the District’s Chief Academic Officer eliminated crucial bilingual
assessment pieces (in Spanish) from many bilingual classrooms, losing a core component of the
bilingual framework that ensures students are progressing academically in both languages, which is
a large component in students’ academic English growth and proficiency. This decision
undermines the implementation of the District’s chosen alternative language program models.
The District affirmed in February and March of 2018 that it chose to implement ELD for all ELL
students, a secondary newcomer program, and a late exit bilingual program at four elementary
schools. One goal of the stated late exit program is the development of English content areas
through the development and use of the native language. If the District is not evaluating students’
in the native language in bilingual classrooms, the District is not able to appropriately evaluate
content area growth while students learn English through the ELD instruction.
OCR learned that there is a lack of appropriate language testing to determine ELL student progress
in both ELD and bilingual classrooms. During the 2017-18 school year, there were ELL students
who were not being evaluated appropriately on ACCESS. ACCESS is an English language
proficiency examination. It is used to evaluate students’ levels of English language development
for identification and placement purposes and to evaluate ELL student proficiency growth in
English each year for placement and exiting decisions. Staff and administrators explained to OCR
that there were students who were not evaluated on ACCESS as required during the school year.
We also learned that some individuals tasked with conducting ACCESS testing were not qualified
or appropriately trained to do so.
Additionally, we learned from several sources and interviews that the Chief Academic Officer
directed staff to evaluate bilingual students on PARCC only in English and prohibited staff from
evaluating students on the Spanish PARCC (which was available) limiting students’ access to
appropriate and valid assessments to gauge their academic achievement in the content areas while
developing English language skills and Spanish language growth. This also inhibits the District’s
ability to evaluate its chosen ALP.
The District is in the process of implementing Beyond Textbooks as an umbrella instructional
framework for the District. Beyond Textbooks utilizes curriculum calendars, curriculum

 Page 10 of 34 OCR Cases 08-09-1230 and 08-10-1112

documents and online curriculum resources for classroom teachers. Beyond Textbooks reported to
District administrators and to staff that it has not been designed for or contemplates use for ELL
students or for alternative language programs. Multiple staff and administrators reported that
Beyond Textbooks utilizes a calendar framework which does not parallel or support the District’s
ELD or bilingual frameworks and chosen curricula and compromises their scope and sequence and
the integrity of instruction for ELL students.
Item 9 C. Staffing
Resolution Agreement Item 9.C. requires the ALP teachers to have appropriate CLDE
endorsements. As an interim, stop-gap measure, the District decided to train all teachers on the
District’s chosen ELD curriculum, to provide ongoing professional development, and to provide
each building with ELL coaches to conduct classroom walk throughs with the ELD department
once a month.
The District has not met the stated Plan goals for professional development, support or the CLDE
endorsement of ALP staff. In the fall of the 2017-2018 school year, Chief Academic Officer,
Aracelia Burgos, permanently cancelled all ELL walk throughs identified in the Plan to provide
ongoing professional development for ALP providers. The District reported in 2018 that some
ELD and bilingual staff have sought Master’s degrees and endorsements on their own through a
partnership with the BUENO Center.
During the 2017-18 school year, there were teachers who self-reported to OCR that they were
providing ELD instruction without a CLDE endorsement and also without the stop-gap interim
measure of training on the curriculum used by the District to provide ELD instruction while
obtaining the endorsement. There are instances during the 2016-17 and 2017-2018 school years
where unendorsed teachers were trying to provide ELD instruction without training, without
coaching from ELL instructional coaches and without ELD support of any kind from the District.
This is contrary to the requirements of Resolution Agreement Item 9.C and must be addressed.
The District’s alternative language plan stated that as a part of the capacity building and support for
the development of appropriate instruction and instructional models, the District would conduct
ongoing professional development training for all staff providing instruction in the ALP. For the
2017-2018 school year, the Chief Academic Officer removed all alternative language program
training from the regular professional development (PD) calendar and placed it after school and
made it voluntary. Ms. Burgos acknowledged this removal to OCR. This supplants the District’s
ELL Plan, undermines the District’s capacity building efforts for its ALP, and takes away training
that many District teachers need unless they acquire the training voluntarily. This does not fulfill
the capacity building requirements of Agreement Item 9. C. 2, 3, and 4.
Staff and administrators (including coaches) told OCR directly that the role of alternative language
coaches has been reduced and in some schools eliminated for other duties related to monitoring the
implementation of other District programs. This was corroborated by language coaches that were
interviewed. This change results in a lack of support for ELL assessments, the re-designation of
ELL students and the elimination of ELD teacher mentoring and support which adversely impacts

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the District’s capacity building efforts as required in Agreement Item 9. C. 2. 3, and 4 and the need
to appropriately evaluate ELL student growth.
Sources identified above further stated that that there are building administrators with bilingual
classrooms in their schools who do not have adequate Spanish language skills to evaluate bilingual
staff in violation of Resolution Agreement Item 9 for OCR case number 08-10-1112. This directly
affects the District’s ability to adequately evaluate its alternative language program.
District staff members explained to OCR that reading interventions in bilingual classrooms are
being conducted all in English. This undermines the continuity of instruction in the District’s
bilingual program especially in the lower grades as described in the District’s ALP Plan. The
District’s Plan requires that reading interventions in bilingual classrooms should mirror the
percentages of English and Spanish instruction.
At each school, the lack of appropriately endorsed and trained staff for the alternative language
program is an ongoing compliance concern that the District has not, in the life of the Resolution
Agreement, adequately addressed. The District must address this in order to meet the requirements
of Resolution Agreement Item 9.C.
Item 10-Final Plan and Training
Within 60 days of OCR's approval of all terms of the Plan agreed to under Item 9 above,
the District will:
A.
Submit a complete, final copy of the Plan to OCR, and provide documentation to
demonstrate that all building principals have received a copy of the Plan;
B.
Provide a training agenda for administrators, faculty and staff regarding the
implementation of the Plan (including training dates, sign in sheets and training
responsibilities); and
C.
In a newsletter or other similar document, notify parents and guardians of all
District students that The District has developed a Plan to ensure that ELL
students have equal and meaningful access to the District's educational services.
The notice may also seek their support or assistance for the Plan's
implementation. The notice will indicate the date when the District will
implement the Plan. Notice will be provided in a written or oral language
appropriate to the parents and community.

Resolution Agreement Item 10 cannot be addressed fully until the District meets the reporting
requirements of Resolution Agreement Item 9. Once these items for Agreement Items 8 and 9
are complete, the District must address Agreement Item 10. This will be discussed further in our
meetings with the District.
Agreement Item 11-Implementation
The District will begin to implement the Plan agreed to in Item 9 of this Agreement by
[Date omitted]. The District will implement the specific Plan provisions in accordance
with the time frames specified in the Plan.

Resolution Agreement Item 11 cannot be addressed until the District meets Resolution
Agreement Items 9 and 10. This will be discussed further in our meetings with the District.

 Page 12 of 34 OCR Cases 08-09-1230 and 08-10-1112

Agreement Item 12-Evaluations
OCR will monitor the District's progress in developing the Plan agreed to in Item 9, the
implementation of all components of the Plan, and other requirements specified above.
OCR may request additional reports and documentation until the District has
demonstrated full compliance with the terms of this Agreement. By [date omitted], the
District will provide the following to OCR:
A.

B.

C.

A roster of all ELL students enrolled in the District for the 2010-11 school year;
including students’ names; home language; school, grade and language
evaluation scores.
A list of all teachers providing alternative language services including teachers’
names, school and teacher certifications and endorsements. If any teachers
providing services in the alternative language program are not appropriately
endorsed, please provide written assurances of teachers’ commitment to gain a
Linguistically Diverse endorsement and the time frame for its completion.
For each school class lists of every alternative language class provided,
including when the class meets, the duration of the class and who the teacher is.

While resolution Agreement Item 12 cannot be addressed fully until the District meets
Resolution Agreement Items 9 -11 we note that during the 2016-2017, and the 2017-2018 school
years, ELL testing data was not disaggregated (by ELL v. bilingual v. English only student
achievement) which undermines the District’s ability to legitimately evaluate its alternative
language programs and student growth. Further, the disaggregated ELL testing data is not being
provided to parents or staff. This inhibits administration and teachers’ ability to make appropriate
and authentic adjustments to the design and implementation of the alternative language program, to
report legitimate strengths, weaknesses and growth, and stifles parent communication.
Additional Compliance Concerns Related to LEP Parent Communication
The District agreed in the Resolution Agreement 08-10-1112 that findings concerning the ELL
Design Committee, the District’s language use policy, and communication with LEP parents in a
language and manner that they understand would be addressed in additional requirements in
OCR Case Number 08-09-1230. 14
In the course of monitoring the District, OCR has learned the following:
•

14

During the 2017-2018 school year, OCR received ongoing communication that there are
bilingual instructional teachers being evaluated by individuals who were not qualified to
do so. Not all the principals at the identified bilingual schools have the requisite Spanish
language skills to observe and appropriately evaluate teachers instructing in Spanish.
Further, the District has no mechanism in place to determine whether principals have the
requisite skills to evaluate staff in Spanish.

See, District’s 08-10-1112 signed Resolution Agreement, dated February 11, 2014, at page 11.

 Page 13 of 34 OCR Cases 08-09-1230 and 08-10-1112

•

There was little to no communication with parents concerning changes implemented in the
alternative language programming during the 2017-2018 school year, specifically reduction
and elimination of Spanish instruction, Spanish evaluations, and ALP opportunities.

•

During the 2017-2018 school year, bilingual/Hispanic staff were singled out and ordered by
various administrators to not tell LEP parents about the elimination and reduction of ELL
services that were employed during the school year. Some of those targeted were verbally
threatened with termination if they do so.

The Superintendent stated to OCR that there was so much confusion that before teachers could talk
to the community, “we need to be on the same page.” However, OCR found that these directives
were given to teachers and threats of termination were made while the changes were being
implemented, not during programmatic planning or discussions.
•

LEP Spanish speaking parents have not been provided parent math materials even though
Spanish parent materials were purchased by the District, were available, and English
materials are provided.

•

During the 2017-2018 school year, LEP parents have had no input or notification
concerning ongoing alternative language program changes (e.g. Dr. Abrego made the
decision to limit the bilingual program to K-2 by reducing and eliminating Spanish
instruction in 2nd and 3rd grade classrooms, added a new requirement for Spanish
proficiency for participation in the bilingual program for incoming kindergarten students in
the 2018-2019 school year, and stopped the biliteracy component).

This input and communication was required after the findings in OCR case 08-10-1112. 15
Summary 08-09-1230
In summary, the District has failed to complete its Agreement with OCR. As we noted at the
beginning of this letter, historically, when the District changes superintendents and members of
administration, there is a lapse or alteration in the District’s efforts to provide alternative
language services for language minority students. The end result is a historical lack of
consistency and continuity in services for ELL students and ultimately the failure to provide
equal educational opportunities for second language learners.
OCR Case Number 08-10-1112
In OCR case number 08-10-1112, we initiated an investigation of the District on March 25,
2010. The Complainant alleged that the District discriminated against students, parents and staff
on the basis of national origin (Hispanic). Specifically, the Complainant alleged that the District
is a hostile environment for Hispanic staff, parents and students. The Complainant further
alleged that the District failed to communicate effectively with parents who are limited in their
15

See, OCR case number 08-10-1112 Resolution Letter at:
https://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/08101112-a.pdf

 Page 14 of 34 OCR Cases 08-09-1230 and 08-10-1112

English proficiency (LEP) in a language and manner that they understand. Generally, we found
the following conduct resulted in the hostile environment:
•

•

•
•
•
•

District Administration identifying and targeting Hispanic staff (including teachers on
visas, bilingual staff and teachers with accents) for increased performance scrutiny
resulting in negative evaluations, negative changes in assignments, and forced
resignations;
District administration taking actions to eliminate the use of Spanish from the District
(including communicating its intent to eliminate the use of Spanish in social and nonacademic settings with students, to include the removal of Spanish language materials
from classrooms and buildings when students were present);
Preventing English language learner (ELL) parents from participating in the District’s
ELL design committee;
District Administration making national origin-based derogatory statements toward
Hispanic staff, students, and parents;
District Administration failing to address allegations of national origin (Hispanic)
harassment that were brought to the former Superintendent’s (Dr. Susan Chandler)
attention; and
The District not communicating effectively with ELL parents during parent teacher
conferences, report card meetings, and in all school communications sent to parents. 16

The District (Superintendent and President of the Board of Education) signed a Resolution
Agreement with our office on February 11, 2014 to address the violations that were found
through OCR’s investigation. 17 The investigation was closed on April 25, 2014 and monitoring
of the Resolution Agreement was initiated.
On January 25, 2018, the District provided OCR with an update on the District’s actions on the
Agreement to Resolve (Update). The Update was dated May 9, 2017. We reviewed evidence
the District provided to us, to the Colorado Department of Education and information that we
learned through interviews and other sources.
In a meeting with our Office on February 14, 2018, Superintendent Abrego and Darci Mohr,
Director of Human Resources, voiced a commitment and desire to complete the terms of the
District’s April 2014 Resolution Agreement with the Office for Civil Rights.
Resolution Agreement
Items 1 and 2-Community Letter
1. By January 17, 2014, the Superintendent and School Board of Education will draft
and submit to OCR for approval a letter in English and Spanish. The letter will
identify:
16

See, OCR case number 08-10-1112 Resolution Letter, at pages 1-2.
https://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/08101112-a.pdf
17

This Agreement was signed by former Superintendent Pat Sanchez.

 Page 15 of 34 OCR Cases 08-09-1230 and 08-10-1112
a. the allegations and findings in the OCR complaint against the District identified
above;
b. identify steps that the District is taking to ensure compliance with Federal civil
rights laws;
c. an explanation that the District does not tolerate acts of harassment, including
harassment based on race, color or national origin, including harassment based
on being Hispanic. The letter will be in English and Spanish, and
d. that if the District finds national origin harassment/discrimination it will take
steps reasonably designed to effectively address, prevent, and respond to the
harassment/discrimination The letter will include language that:
i. Encourages people who believe that they have been subjected to or
witnessed harassment/discrimination or a hostile environment based on
race, color, or national origin to report this to the District;
ii. Notes the District’s commitment to conducting a prompt investigation;
iii. Provides the appropriate contact information for the District Grievance
Officer, and
iv. Warns that students, staff and/or administrators found to have engaged in
acts of harassment or other acts that create a hostile environment based on
race, color, or national origin will be promptly disciplined. The notice with
make clear that such discipline may include, if circumstances warrant,
suspension and/or expulsion, employment discipline and/or termination.
e. The establishment of a community focus group to partner with the District to increase
community awareness of the District’s anti-harassment program.
Within 10 days of OCR’s approval of the letter identified in Agreement Item 1, the
District will release the letter through its normal modes of communicating with
students, parents, and staff members including, but not limited to, posting the letter
on its District website and including it in any District newsletters. The letter will
also be made available in languages other than English and Spanish upon request.

In its Update in January 2018, the District provided information to re-confirm that the District
met the requirements of Resolution Agreement Items 1 and 2. Indeed, the District previously
met Resolution Agreement Items 1 and 2 in the 2014-2015 school year. No further reporting is
required for these two items at this time.
Item 3-External Consultants
By January 17, 2014, the District shall submit to OCR the name, title and professional
credentials of an external consultant[s] engaged by the District to administer and assist
in the review of the District’s climate/need surveys as dictated in Agreement Item 4,
assist the District in determining any corrective actions the District should take as a
result of the first set of surveys 18 as required in Agreement Item 4, participate in the
review and revision of District anti-discrimination/harassment policies as required by
Agreement Item 7, to review and make recommendations on the use of teacher mentoring
programs and their contribution to harassment/hostile environment based on race, color
18

Corrective actions determined by the District should be reasonably designed to effectively address, prevent, and
respond to harassment/discrimination at District schools that may be based on race, color, or national origin.

 Page 16 of 34 OCR Cases 08-09-1230 and 08-10-1112
or national origin as required in Agreement Item 9, and to participate in the community
focus group as identified in Agreement Item 12. Consultant[s] will have expertise in
multicultural/multilingual education, pedagogy awareness, and second language
acquisition. Consultants will not be the consultants hired to assist the District ELL
Design Committee in 2009.

In its 2018 Update, the District wrote that OCR previously approved the District to work with
Dr. Marcela Parra at the Western Educational Equity Assistance Center (WEEAC) at
Metropolitan State University of Denver and the BUENO Center at the University of Colorado.
The District also indicated in the Update that it was also working with Glenn Singleton, with the
Pacific Education Group and the University of Virginia on its Turnaround Program.
The District is correct that in July 2014, OCR approved the WEEAC and the BUENO Center at
the University of Colorado as consultants to work with the District. The WEEAC was to assist
with Agreement Items 3, 4, and 7. The BUENO center was to assist the District with Items 3, 7,
9 and 12. We thanked the District for working with these professional organizations which have
ties to the Commerce City community and understand the unique needs of the District with a
majority of families that have a primary home language other than English (PHLOTE) and a
strong Spanish speaking English Language Learner (ELL) population.
In the 2018 Update, the District listed that it was also working with Glenn Singleton, the Pacific
Education Group, and the University of Virginia. This decision by the District may have been to
address other specific needs within the District. However, these organizations were not
identified to OCR or approved to assist the District in meeting the terms of this Agreement, or
the Agreement in case number 08-09-1230.
The District must document its ongoing work on the required Agreement items with its approved
consultants as agreed upon or provide the name, title and professional credentials of an external
consultant[s] the District wishes to engage to meet the requirements of Items 3, 4, 7, 9, and 12 of
the Resolution Agreement for OCR approval prior to engagement of the consultant[s] in matters
specific to the Resolution Agreement. It is required by the Resolution Agreement that the
external consultant[s]have demonstrated expertise in multicultural/multilingual education,
(cultural awareness, harassment/hostile environment prevention), pedagogy awareness (in second
language programs), and second language acquisition.
Item 4-Climate Surveys
By February 7, 2014, the District shall develop and submit to OCR for approval student,
parent, and staff surveys 19 to gauge the District’s climate and needs as related to race,
color, or national origin harassment/discrimination. The District will pay particular
attention to the need to gauge attitudes and concerns related to staff treatment, parent
treatment and to the use of Spanish by all students, parents and staff in the District. All
surveys will be anonymous and provided directly to the external consultant identified in
Agreement Item 3.
19

Participation in the survey by students will be entirely voluntary, and the survey will be conducted in a manner
consistent with applicable law.

 Page 17 of 34 OCR Cases 08-09-1230 and 08-10-1112

Reporting Requirement 4.1: Within 5 days of OCR’s approval of the climate/needs
survey, the District will distribute climate surveys to parents, students and staff. The
District will provide the means for parents to complete the climate survey in a language
and manner that they understand and in a manner that is accessible to them, including as
appropriate, in person, via being sent home with students, home visits, invitations to
come to the school, phone blast messages, email blast messages, the U.S. Postal Service,
etc. The District shall complete the collection of surveys within 14 days.
Reporting Requirement 4.2: By April 4, 2014, the District shall submit to OCR its initial
findings of the student, parent and staff climate/needs surveys. Findings will include the
District’s proposed corrective actions and a timeline for the corrective actions.

In 2014, OCR approved for the District to work with Dr. Marcela Parra and the WEEAC to
develop, distribute, collect and analyze the student, parent and staff climate/needs surveys. This
became a huge undertaking for the District and the WEEAC. OCR approved all initial surveys
for distribution and collection in April 2015. The WEEAC, with the support of the District,
distributed and collected over 7,000 student, parent and staff climate surveys. The surveys were
completed in the spring of 2016.
We find that the District met the requirements of Resolution Agreement Item 4.1 in 2016 and the
Spring of 2016, and no further reporting of this item section is required at this time.
The WEEAC provided OCR with a copy of the final report that it prepared for the District on
March 30, 2017. The WEEAC indicated that it was scheduled to provide a summary of the
results to the District’s BOE.
Generally, the survey results demonstrated that the District continues to struggle with hostile
environment issues for students, parents and staff. The surveys also indicated that the District
continues to fall short in its efforts to communicate with language minority parents in a language
and manner that they understand. The WEEAC provided recommended corrective actions for
the District.
In its January 2018 Update, the District indicated that the survey results were presented to school
staff at the Superintendent’s Kick-Off meeting in in August 2017. It indicated that the District
planned to provide the survey results at the Superintendent’s Forum in April 2018. The District
also stated that student survey presentations were in process in February 2018.
While OCR appreciates the District’s efforts to disseminate the survey results, OCR is not clear
on what that dissemination entailed, and the District has not provided evidence to support these
statements. Per Reporting Requirement 4.2, the District is required to submit to OCR its initial
findings of the student, parent and staff climate/needs surveys, its proposed corrective actions, a
timeline for meeting the corrective actions. The District has failed to meet any of the
requirements in Item 4.2

 Page 18 of 34 OCR Cases 08-09-1230 and 08-10-1112

Item 5-Grievance Officer
By January 17, 2014, the District will notify OCR of the name, title and contact
information of its new Grievance Officer. The District will also verify that it has
published this information to parents, staff and the community at large. This notice will
include a statement that the District does not tolerate acts of harassment, including
harassment based on race, color or national origin, including harassment based on being
Hispanic.

The District notified OCR on October 26, 2016, that Ms. Patterson, Director of Human
Resources was the District’s second line grievance officer. However, there was no indication
that the District published this information for parents, staff and the community at large as
agreed upon.
In January 2018, the District identified to OCR that its first line Grievance officer is Ms. Darci
Mohr. OCR corroborated this information by reviewing the District’s website. We also
confirmed that the District has included on its website that it will not tolerate acts of harassment.
We thank the District for providing OCR with this updated information.
We ask that the District provide an explanation as to how the District will notify parents who do
not have internet access, about the Grievance Officer’s contact information.
Item 6-Complaint Data Collection
By January 17, 2014, the District will create a central database or separate electronic file system to
track all complaints of race, color or national origin harassment/discrimination in the District. This
database will track harassment/discrimination complaints in the District. The database will include, at a
minimum, the following information:
a.
b.
c.
d.
e.

Name, title, and race of individual filing the complaint;
Name and race of the alleged victim;
The nature of the complaint;
The identity, race and title or position of the person[s] alleged to have discriminated;
Identification of the individual designated to investigate the complaint and his or her
title/position;
f. The findings of the investigation;
g. Identification of corrective action taken by the District, and
h. An indication of how the parties were notified of the District’s findings.20
Reporting Requirement 6: By February 7, 2014, the District will provide written verification that it
has created a central data base or other electronic tracking system for complaints of race, color or
national origin harassment/discrimination.

In our monitoring letter dated May 2, 2016 we informed the District of ongoing concerns with
the District’s creation and maintenance of its database to track complaints of discrimination
based on Title VI of the Civil Rights Act of 1964 as well as compliance concerns with the
District’s handling of complaints of race, color, and national origin discrimination within the
20

The District must demonstrate that it has taken prompt and equitable resolution to the allegations raised.

 Page 19 of 34 OCR Cases 08-09-1230 and 08-10-1112

District. On October 14, 2016, the District demonstrated that it was able to address some of the
missing information that OCR identified to the District in May 2016. The District did not
address the under-reported complaints during the 2016-2017 school year, failed to complete the
investigations of several complaints and failed to take corrective action where discrimination
complaints were investigated and confirmed involving BOE members and former BOE members
and other administrators.
We noted this ongoing concern and need for corrective action with Superintendent Abrego in an
introductory meeting with him late in the summer of 2016. To date, the District has not
addressed the ongoing violation that it failed to take corrective action when notified of
complaints of, discrimination, racial harassment and an ongoing hostile environment towards
Hispanics. Nor has the District continued to appropriately document complaints of
discrimination during the 2017-18 school year as evidenced by the District’s rudimentary report
of one complaint based on race, color, or national origin for that year, and only investigated that
complaint when encouraged to do so by OCR.
OCR will schedule a follow up meeting within the next 45 days for the District to meet with the
OCR Attorney Advisor assigned to the monitoring of this case. This meeting will offer the
District the opportunity to provide follow up documentation identifying the District’s ongoing
efforts to comply with Agreement Item 6, to address prior concerns that OCR raised that have
not been appropriately completed as of October 14, 2016, and allow the District to answer
questions raised by its incomplete database.
The District must provide a current copy of the Title VI complaint/grievance database from
October 14, 2016 through the present including written complaints, verbal complaints and
complaints raised with the Board of Education on formal forms or verbally in Board of
Education meetings. Please ensure that the data base includes OCR’s recommendations from our
May 2, 2016 letter and all items required in Agreement Item 6, a-f.
Items 7 and 8-Revised Policies and Training
By February 7, 2014, with consultation from the external consultant, the District will review and
revise as necessary its antidiscrimination, anti-harassment and grievance policies and
procedures which in part may be found in District policies AC, JB, AC-R1, and AC-R2. Review
and revision will ensure policies are reasonably designed to prevent, address, and respond to
incidents of harassment on the basis of race, color, or national origin. At a minimum, the revised
policies and procedures will include the following:
a.

b.

A statement that the District is committed to having a school environment free from all
harassment on the basis of race, color, and national origin, prohibits this harassment in the
school environment, including all academic, extra-curricular and school-sponsored
activities, and defines harassment and discrimination on the basis of race, color or national
origin.
An encouragement for students, parents, and staff to immediately report incidents of
harassment. The statement will emphasize that staff must promptly report all incidents of
harassment of which they become aware. The statement will specify that the District will
investigate all formal and informal complaints of harassment.

 Page 20 of 34 OCR Cases 08-09-1230 and 08-10-1112
c.

d.
e.
f.

g.

Examples of the type of conduct and behavior that is prohibited by the policy, including
examples of administrator to staff and student harassment, staff-to-student harassment, and
student or staff peer-to-peer harassment and locations where prohibited conduct may
occur. 21
An explanation of how to report harassment and/or file a complaint (formally and
informally).
A description of the District’s complaint procedures, including a requirement that an
investigatory report be completed promptly and equitably.
The investigatory procedures documented in the investigatory report shall, at a minimum,
include: (1) the name, race and/or national origin of the alleged victim and, if different, the
name, race and/or national origin of the person reporting the allegation; (2) the nature of
the allegation, a description of the incident, and the date and time (if known) of the alleged
incident; (3) the name(s), race, and/or national origin of all persons alleged to have
committed the alleged harassment, if known; (4) the name(s), race and/or national origin of
all known witnesses to the alleged incident; (5) any written statements of the reporter, the
victim (if different from the reporter), the accused individual[s] and any known witnesses;
(6) the outcome of the investigation, including the findings of the investigation along with a
description of any needed corrective action; and (7) the response of District personnel.
Identification of the means the District will use to investigate incidents of harassment,
including but not limited to the following:
i.

h.

i.
j.

k.

The various steps the District will take to conduct adequate, reliable and impartial
investigations of reported incidents;
ii.
The action steps the District will take to stop, remedy, and prevent recurrence of the
harassment; and
iii.
The District’s standards for determining whether a hostile environment exists.
recommendation that District staff who observe acts of harassment based on race, color,
or national origin intervene to stop the harassment, unless circumstances would make
such intervention dangerous.
Prohibition of retaliation against persons who report alleged harassment or participate
in related proceedings.
A statement that the District will on a case by case basis and as needed offer academic
services and/or counseling services (e.g., either internal or external counseling as
appropriate to each situation) to any person found to have been subjected to harassment
on the basis of race, color, or national origin and, where appropriate, cultural awareness
and sensitivity training to the person(s) who committed the harassment. 22
A statement as to specific steps staff can take if the alleged harasser is a building
administrator or other District administrator.
Reporting Requirement 7.1: By February 7, 2014, the District will submit to OCR for
approval its revised antidiscrimination, anti-harassment and grievance policies and
procedures.
Reporting Requirement 7.2: Within 10 days of OCR’s approval of the revised policies,
the District will adopt and publish the revised antidiscrimination, anti-harassment and
grievance policies and procedures following its normal path for adoption and
publication.

21
22

Examples will include allegations made in this case.
The offer of counseling will extend to staff victims of harassment as well.

 Page 21 of 34 OCR Cases 08-09-1230 and 08-10-1112
Reporting Requirement 7.3: Within 5 days of adoption and publication of the revised
antidiscrimination, anti-harassment and grievance policies and procedures, The District
will provide OCR with written verification that the policies and procedures have been
adopted and published.
Reporting Requirement 7.4: By February 21, 2014, the District will submit a training
package to OCR for approval. The District will develop training for all District students
(age and grade appropriate), and District staff (teachers, administrators, central office
staff and the superintendent’s cabinet, the District Board of Education, counselors,
resource officers, coaches, school aides, and any other District personnel charged with
supervising students or staff) on the policies and procedures referenced in this
Agreement. The training will also specifically:
• Address the responsibility for staff to refrain from participating in harassment and
the creation of a hostile environment, to report incidents of possible harassment and
the procedures for doing so (with particular emphasis on reporting administrative
harassment, including principals and central administration), and
• Provide instruction on how to recognize, take steps reasonably designed to prevent
and respond appropriately to such harassment. In developing the training, the
District will take into consideration the recommendations and suggestions made by
its consultant and will incorporate specific allegations from the investigation of this
complaint.
• Remind students of the District’s commitment to having a school environment free
from all harassment and explain to students what they should do if they believe they
or other students are being harassed.
• Include a review of the District’s harassment policies and procedures, including an
explanation of what harassment on the basis of race, color, or national origin is, as
well as disciplinary sanctions related to findings of violations of its harassment
policies and the policy prohibiting retaliation.
• Provide students with the name and contact information of a District employee at
each building, such as a counselor, that the students may contact if they wish to
discuss privately any concerns they have.
• The District will provide OCR with the name and credentials of individuals identified
to provide the training for OCR’s approval. The credentials will include a
curriculum vitae that demonstrates the trainers experience in the areas identified in
this training package.
• The District will distribute written materials (including in languages other than
English, as necessary) during the program that contain the information discussed.
• To address alleged insensitivity to the Hispanic culture, by the District, and past lack
of use of the Spanish language by administration, the District will place particular
focus on the training of building administrators and central administrators in the
areas of valuing the language and culture of students, parents and employees, and
remedying any hostile environment that may have been created in the District.
Reporting Requirement 7.5: Within 30 days of OCR’s approval of the District’s training
package, the District will provide the approved training from Reporting Requirement 7.4
to all students, staff, administration, and the Board of Education.
Reporting Requirement 7.6: Within 15 days of conducting the training, the District will
provide OCR with written verification that it has completed the training required in
reporting requirement 7.5. The District documentation will include:

 Page 22 of 34 OCR Cases 08-09-1230 and 08-10-1112
• The agenda and handouts for the trainings;
• The date and time the trainings were held; and
• A copy of the attendance sheet from the trainings, including the name and title of each
participant, along with a written assurance from the District that all required
attendees were present during the training.
Item 8
By February 7, 2014, and in an effort to maximize the impact of the District’s training, the
District will submit a request for certification for continuing education credit to the Colorado
Department of Education for the mandatory training in Agreement Item 7.4 and 7.5, and for
the staff working group identified in Agreement Item 11 as appropriate professional
development for teachers and other licensed professionals to remedy the effects of past
discrimination. The District will simultaneously provide a copy of the training certification
request to OCR.

The former in house counsel for the District submitted a working draft of the District’s revised
antidiscrimination, anti-harassment and grievance policies and procedures including Board
Policies, JB, AC-R1, and AC-R2 on January 25, 2015. The working draft had been reviewed
and commented on by staff with the WEEAC, the District’s external consultant. There was
supplemental conversation concerning the draft policy revisions. Subsequent to the departure of
the former in house counsel 23, the District did not take steps to provide OCR with its final
proposal for OCR’s review and approval.
Item 7 d.-Notice of Complaint Process
Superintendent Abrego communicated to the community, staff and parents that Board of
Education complaints should use the form that is on line. However, in his March 2018 interview
with OCR, the Superintendent acknowledged that only approximately fifty percent of District
parents have adequate access to the internet. The Superintendent indicated in his interview that
discrimination complaint forms are also available at every school. During OCR’s visits to
District schools, we did not find this to be the case. The District will need to develop a plan to
make the information shared on its website available to parents who do not have adequate
internet access. Further, the District will need to ensure that both formal and informal
complaints of race, color, and national origin harassment will be investigated.
Because submission and approval of the District’s revised policies has not been completed, the
District is not yet approved to complete the additional requirements of Agreement Item 7 or
Agreement Item 8. The District has an obligation to complete all required reporting pieces of
Agreement Items 7 and 8 including approval of the training pieces before the training may be
conducted.

23

Walter Kramarz

 Page 23 of 34 OCR Cases 08-09-1230 and 08-10-1112

Item 9-Mentoring Program
By February 7, 2014, the District in consultation with the external consultant will submit
to OCR for approval a model, design and plan for teacher mentoring in District
classrooms. The model will specifically address the need to value native languages in the
classroom; the lack of qualified observers for bilingual staff, and the need for
accountability to ensure mentoring is not used in teachers’ formal evaluations.
Reporting Requirement 9: Within 30 days of OCR’s approval, the District will submit
verification to OCR that it has implemented its approved mentoring program.

In 2014, the District committed to working with the BUENO Center at the University of
Colorado to meet Agreement Item 9. The District’s efforts were to include building capacity
through teacher retention, mentoring, and training with assistance of the BUENO Center at the
University of Colorado. However, the District has not provided a model, design or plan for
teacher mentoring to OCR as required in the Agreement. The District has not fulfilled this
Agreement item.
Further, during several interviews, OCR learned that during the 2017-2018 school year some
bilingual teachers have been questioned, and verbally admonished by their principals for
allowing students to use Spanish to respond to teachers in the content areas, especially in the
elementary levels. The report of these events demonstrates the ongoing chilling effect for
Hispanic and bilingual teachers, making individuals fearful and inhibiting teachers from
appropriate uses of students’ native languages. This was identified as a hostile environment
concern in the original findings. 24
Resolution Agreement Item 9 specifically asked the District to address the need to value native
languages in the classroom; the lack of qualified observers for bilingual instructional staff, and
the need for accountability to ensure mentoring is not used in teachers’ formal evaluations.
When OCR asked Dr. Abrego about the District’s language use policy he answered that he did
not know what a language use policy was. The District must take immediate action to address
this Agreement item and submit its teacher mentoring plan which includes items identified in
Item 9 and on page 11 of the Resolution Agreement.
Item 10-Student Input
By February 21, 2014, the District will establish and provide documentation to OCR of
the existence of a student committee (comprised of at least 5 high school students, 25 and 1
staff sponsor) with responsibility for providing a forum for students to discuss matters
concerning discrimination or harassment on the basis of race, national origin or color,
increase student awareness of the District’s anti-harassment program, and suggest
measures for improving the effectiveness of the District’s program. 26 The student
24
25

See, OCR’s April 25, 2014 Resolution Letter, at pages 1, 17, and 19.

This student committee may include elementary and middle school student representation as appropriate.
To address the allegations of a hostile environment toward Hispanics, the District will strive to ensure that the
makeup of the race/color/national origin of the student committee represents the percentages of the overall District
student population. (e.g., if Hispanics are 80% of the District population, the District will work to encourage
26

 Page 24 of 34 OCR Cases 08-09-1230 and 08-10-1112
committee will have the same privileges as other District extracurricular activities,
including access to meeting space in the high schools and public notice about the
committee, its meetings and its activities. The student committee will also provide
specific suggestions to the Superintendent and independently to the Board of Education
for developing an effective program that promotes respect and tolerance for others and
takes steps reasonably designed to prevent the establishment of a hostile environment
based on race, color or national origin for students. The student committee will meet at
least four times throughout the academic year, during different school hours. Students
participating in the committee will be given excused absences from class.
Reporting Requirement 10: By February 21, 2014, the District will provide OCR with
evidence that demonstrates the District established the student committee, including a
description of the committee’s duties, the committee’s schedule of events during the
remainder of the 2013-14 school year, and a roster of the committee’s members
identifying each student’s race/color/national origin.

The District demonstrated that it established a temporary student committee at Adams City High
School toward the end of the 2013-14 school year. While the District made efforts toward
completing Agreement Item 10 during the 2013-2014 school year, the District has not
demonstrated that the student committee provided specific suggestions to the Superintendent and
independently to the Board of Education for developing an effective program that promotes
respect and tolerance for others and takes steps reasonably designed to prevent the establishment
of a hostile environment based on race, color or national origin for students. The District has not
demonstrated that the student committee met at least four times throughout the academic year,
during different school hours. The District has not provided a description of the committee’s
duties, the committee’s schedule of events during the remainder of the 2013-14 school year or
following years, or a roster of the committee’s members identifying each student’s
race/color/national origin. The District has not provided OCR with the recommendations that the
student committee was to make to the Superintendent and independently to the Board of
Education.
The District shall take additional steps now, in the 2018-19 school year, to appropriately and
adequately complete the requirements of Agreement Item 10, create a student committee with the
responsibility for providing a forum for students to discuss matters concerning discrimination or
harassment on the basis of race, national origin or color, increase student awareness of the
District’s anti-harassment program, and suggest measures for improving the effectiveness of the
District’s program. The student committee will also provide specific suggestions to the
Superintendent and independently to the Board of Education for developing an effective program
that promotes respect and tolerance for others and takes steps reasonably designed to prevent the
establishment of a hostile environment based on race, color or national origin for students.
Item 11-Staff Input
By February 21, 2014, the District will establish and provide documentation to OCR of a
staff working group of at least 4 elementary staff members, 2 middle school staff
Hispanics students to participate in the committee so that the percentage of Hispanic students on the committee
reflects the overall population of the District. This will be monitored by OCR in Reporting Requirement 10.

 Page 25 of 34 OCR Cases 08-09-1230 and 08-10-1112
members, and 2 high school staff members to provide a forum for staff to discuss matters
concerning discrimination or harassment on the basis of race, national origin or color,
increase staff awareness of the District’s anti-harassment program, and suggest
measures for improving the effectiveness of the District’s program. The staff working
group meetings will be open to all District staff and staff will be given notice about the
committee, its meetings and its activities. The staff working group will also provide
specific suggestions to the Superintendent and independently to the Board of Education
for developing an effective staff orientation program that promotes respect and tolerance
for others and takes steps reasonably designed to prevent the establishment of a hostile
environment based on race, color or national origin for all District. The staff working
group will meet at least four times throughout the school year during school hours and
will be granted administrative leave to participate. In addition:

a. The documentation provided to OCR will include the name, title, school, and
race/color/national origin of each member of the staff working group.
b. The staff working group will be provided with a designated qualified
employee to coordinate the group’s meetings and work;
c. The working group will be asked to provide the Superintendent, and
independently to the Board of Education, input regarding strategies for
preventing harassment, and ensuring that District staff understand their right
to be protected from discrimination, including harassment, on the basis of
race, color and national origin and to be protected from retaliation for
reporting alleged discrimination;
d. The working group also will provide continuing input to District officials
regarding strategies to ensure students understand how to report possible
violations of the Policy and are aware of the District’s obligation to promptly
and effectively respond to complaints alleging race, color or national origin
discrimination, including harassment;
e. The group will consider how outreach efforts to families and family advocacy
organizations can be made to garner support for the District’s antiharassment program, and
f. The designated qualified employee will prepare a written summary of the
recommendations and suggestions of the staff working group.
In the Update provided in January 2018, the District stated that it was working with the District’s
Union members on the items identified for a staff working group. However, the information
provided by the District indicates that this is a different committee with the purpose of
addressing District employment issues. This does not meet the requirements of Agreement Item
11 although the Union Committee discussed some similar concerns. The District must take
immediate action to implement the requirements of Agreement Item 11, paying particular
attention to the required items in a-f.
Item 12-Community Input
By February 21, 2014, the District will provide OCR with written verification that it has
conducted a community meeting to create a focus group of community members and

 Page 26 of 34 OCR Cases 08-09-1230 and 08-10-1112
community organizations 27 to partner with the District to increase community awareness
of the District’s anti-harassment program, and suggest measures for improving the
effectiveness of the District’s program. The community focus group will be provided with
a designated qualified employee to coordinate the group’s meetings, invite community
organizations, to work directly with the focus group and to act as a District liaison to
provide the feedback to the Superintendent and Board of Education if needed.
The community focus group will then meet at least 3 additional times throughout the
school year and will be conducted in English and Spanish. The District will also provide
translators for other language groups that wish to participate in the community focus
group. The community focus group will:
a. Consider how outreach efforts to families and family advocacy organizations can
be made to garner support for the District’s anti-harassment program, and
b. Provide the Superintendent and independently to the Board of Education input
regarding strategies for preventing harassment/discrimination on the basis of
race, color and national origin and protections from retaliation for reporting
alleged discrimination.

In June 2014, the former Superintendent (Pat Sanchez) conducted an initial community forum
meeting. A member of OCR’s staff was present to observe the meeting. The District invited a
number of community groups, staff and parents to participate. There were other meetings held
during the 2014-2015 school year. While the District gave OCR notice of when meetings were
planned to take place, the District did not provide updated information as to the formation or
work of an ongoing community focus group as required, nor has the District demonstrated that it
has accomplished part b. of Item 12.
Item 13-Employment Audit
By February 21, 2014, the Superintendent and Assistant Superintendent for the District
will complete an audit of the work, employment history, employment files, and removal of
the former employees listed in Attachment A of this Agreement.
The audit will consider the reasons that individuals proffer for their separation from the
District to include whether their departure was related to alleged discrimination/hostile
environment on the basis of race, color or national origin within the District. The
Superintendent and Assistant Superintendent will interview identified individuals and
others that interviewees may identify. Through the audit, the District will determine any
corrective actions it will take in order to remedy the effects of discrimination/harassment
or hostile environment that these individuals were subjected to (such as re-employment,
changes to employment files, letters of recommendation, re-assignment of staff, etc.) and
a timeline for implementation of corrective action, which will be monitored by OCR.
Reporting Requirement 13.1: By March 7, 2014, the District will provide to OCR a
report of the employment audit to include:
a.
27

A description of each investigation and its findings; and

Community organizations may include organizations such as the BUENO Center for Multicultural Education,
Padres Unidos, and the Colorado Statewide Parent Coalition.

 Page 27 of 34 OCR Cases 08-09-1230 and 08-10-1112
b.
A list of corrective actions that the District commits to take as a result of the
audit, with specific target dates for completion, which will be monitored by OCR through
completion.
Reporting Requirement 13.2: By June 6, 2014, the District will provide OCR with a
report documenting all completed actions taken in Agreement Item 13. The
documentation will include the action taken, the date completed, and the names of the
employees or former employees affected by the corrective action.

The former Superintendent (Pat Sanchez) and former Assistant Superintendent (Kandi Steele)
completed the required audit identified in Agreement Item 13 during the 2014-2015 school year.
The District interviewed individuals identified by OCR who had left the District during the
hostile environment case under duress or coercion as found during the investigation. The
District demonstrated that it reviewed the circumstances and evidence surrounding each
individual’s departure. The District then worked with each individual to determine appropriate
corrective action when found to be appropriate and then took that corrective action. The District
submitted a report of its investigations, findings and corrective actions taken by the District. We
find that the District met the requirements of Resolution Agreement Item 13, no additional
reporting is required on this Item at this time.
Item 14-Annual Assessments
By June 6, 2014, and at the conclusion of each following school year, the District will
conduct an annual assessment of the effectiveness of its anti-harassment efforts. Such
assessment shall include:
a. Consultation with the committee and working groups established pursuant to
Agreement Items 10, 11, and 12 above;
b. Student, parent and staff surveys;
c. A review of all reports of harassment and District responses as noted in Agreement
Item 6;
d. Evaluation and analysis of the data collected for Agreement Item 6, including a
disaggregated assessment of whether the reported incidents of harassment have
increased or decreased in number and severity,
e. A summation of findings and final corrective action taken as a result of the District’s
employment audit identified in Agreement Item 13, and
f. Proposed recommendations for improvement to the District’s anti-harassment
program and timelines for the implementation of the recommendations.
Reporting Requirement 14: By June 30, 2014, the District will provide OCR with the
report of its annual assessment of the effectiveness of its anti-harassment efforts. The
report will include all findings, summation of data collected and the changes to be
implemented with timelines for implementation including items 14. a-f.

The District was required to complete annual assessments of the effectiveness of its antiharassment efforts beginning at the end of the 2013-2014 school year and continuing through the
monitoring of the Agreement. The assessments were to include consultation with the committees
and working groups identified in Agreement Items 10, 11, and 12. The District was also required
to include the student, parent and staff survey findings, a review of all reports of harassment and

 Page 28 of 34 OCR Cases 08-09-1230 and 08-10-1112

the District’s reports of harassment including the District’s response as identified in Agreement
Item 6. The District was to conduct an evaluation and analysis of the data collected for
Agreement Item 6, including a disaggregated assessment of whether the reported incidents of
harassment have increased or decreased in number and severity.
Item 14 a. Consultation with the committee and working groups
We note above that the District has not completed its work with committees and working groups
identified in Agreement Items 10, 11, and 12. The District is not able to complete an annual assessment
contemplated in Item 14 until these prior items have been completed.

Item 14 b. Student, parent and staff surveys
The District has not completed the review, timeline, or corrective action based on the WEEAC
findings for Item 4 above. Therefore, it cannot evaluate the surveys or the District’s efforts to
address concerns as indicated in Item 14 b.
Item 14 c. and d.-Analysis of Complaints
In addition to the concerns raised in Item 6 concerning the development and maintenance of a
complaint database, another primary and ongoing concern is that we are aware of national origin,
race, and color allegations of discrimination and retaliation being raised about the highest levels
of the District, including the Superintendent, current and past members of the Board of
Education, and principals that have not been investigated, or if investigated, have not been
appropriately remedied by the District. We notified Dr. Abrego and Sandra Rotella of some of
these concerns in the summer of 2016, but have not received or found evidence that the concerns
have ever been addressed.
OCR has an additional concern that since October 2016, there have been complaints of race,
color and national origin discrimination that have come to the District through open comment
opportunities during Board of Education meetings that have not been addressed by the
Superintendent as required in Board of Education policy KE. The District has not provided
evidence that the Superintendent has investigated any complaints raised in Board of Education
meetings since October 2016.
Item 14 e. Summation of Findings and Corrective Action Taken
As follow up to Agreement Item 13, in Item 14 e., we asked the District to provide OCR
with a summation of its findings and final corrective action taken as a result of the
District’s employment audit. The District submitted a report of its investigations,
findings and corrective actions taken by the District during the 2014- 2015 school year.
The report met the requirements for Item 14 e., and no further monitoring is required at
this time.
Lastly, the District was to provide proposed recommendations for improvement to the District’s
anti-harassment program and timelines for the implementation of said recommendations.

 Page 29 of 34 OCR Cases 08-09-1230 and 08-10-1112

We note that it is not possible for the District to complete this item fully when it has not
completed many of the items necessary and leading to the evaluation and report identified in
Agreement Item 14.
Additional Compliance Concerns
OCR received additional allegations during this monitoring cycle that are related directly to the
District’s compliance with regard to the hostile environment finding and the lack of effective
LEP parent communication, the Resolution Agreement, and the original allegations in this case.
To gain further information into these allegations, OCR conducted an additional document
review, interviewed staff at several school sites, Dr. Abrego, Superintendent, Ms. Burgos, Chief
Academic Officer and others who contacted OCR.
•

It was alleged to OCR that during several group meetings during the 2017-2018 school
year, the Superintendent and Chief Academic Officer discriminated against bilingual staff
and parents on the basis of national origin by making disparaging comments to
administrators, teachers, other staff and parents regarding Hispanic parents’ and teachers’
accents, and oral language abilities. We have allegations that both administrators have
commented separately that accents are a detriment to student achievement. It is alleged
that they have not made the same comments to non-Hispanic, English speaking parents or
all English speaking teachers or teachers with other non-Spanish accents.

In our document review and interviews there were multiple allegations from various individuals
that independently corroborated each other.
When OCR raised these concerns with Dr. Abrego and Ms. Burgos, they denied all the
allegations. After further inquiry, Dr. Abrego acknowledged that he made a statement about
accents in the context of relating his own ELL experiences with his sister.
•

Dr. Abrego made a statement to bilingual staff that he wanted to get rid of all the ELL
students.

During the fall of the 2017-2018 school year and again in the spring of 2018, OCR was provided
corroborating evidence from at least 15 individuals that at a meeting of bilingual/Hispanic staff,
Dr. Abrego stated that he wanted to get rid of ELL students. After Dr. Abrego left the meeting,
an administrator with the alternative language program attempted to redeem the situation and
told staff members that Dr. Abrego meant that he wanted to see all ELL students become
proficient in English. However, bilingual staff reported to OCR that they found the statement to
be hostile towards ELL students and parents.
•

The Chief Academic Officer, Aracelia Burgos, specifically told building administrators
that the District was not going to provide translators and that parents would have to bring
their own translators or use family members to translate if they needed that support. It is
alleged that Ms. Burgos stated that it is not the District’s job to provide this service for
parents.

 Page 30 of 34 OCR Cases 08-09-1230 and 08-10-1112

Ms. Burgos denied making any statements concerning the provision of translators to building
administrators. There is corroborating evidence from former administrators that Ms. Burgos
made the comment as alleged.
Regardless of whether Ms. Burgos said it or not, this is a concern under Title VI of the Civil
Rights Act of 1964, which requires that national origin minority parents have equal access to
information provided to non-minority parents.
Ms. Burgos did acknowledge that the District failed to provide translations for LEP parents with
first semester report cards. She stated that after the first semester the District provided a copy of
a Spanish version of the report cards for Spanish speaking parents. There is evidence that some
schools are not using the translation and that the translation was confusing for parents in other
schools. There is also evidence from the District that the District has not provided interpretation
or translation opportunities for report cards for LEP parents that speak languages other than
Spanish or English.
Dr. Abrego stated that providing translation for parent teacher conferences was a decision for
building administrators and he did not know what principals were doing in terms of translating
conferences. At one school, the principal said that parent teacher conferences were going to be
student led data conferences with parents. Asking students to translate for their parents in an
effort to avoid the requirement for translators is a violation of Title VI of the Civil Rights Act of
1964, OCR’s May 1970 memorandum, and the District Resolution Agreement. 28 These kinds of
actions were addressed in the April 25, 2014 Resolution letter to the District and require
additional District action moving forward.
•

In the 2017-2018 school year, bilingual/Hispanic staff reported that they were threatened
with termination if they made any public statements to parents or others concerning ELL
students or native language instruction in the District. It is alleged that Non-bilingual
staff received no similar threats.

In his interview, Dr. Abrego indicated that no staff person was threatened with termination if
they make statements to parents concerning the District’s alternative language programs. He
stated that he only wanted to clear up ongoing confusion concerning alternative language
programs and to ensure that everyone was on the same page. However, OCR had corroborating
statements from more than 30 District staff members and former administrators that are contrary
to the Superintendent’s statement.
The District made a commitment to include parents and the community in its alternative
language program decisions. Further, as noted above, the surveys conducted by the WEEAC
noted that communication and participation for parents was an ongoing concern for the District.
This is not new information for the District. It has also become an ongoing and heated topic at
District Board of Education during the 2017-2018 school year and more recently. 29
28

See, OCR’s May 1970 Lau Memorandum at: http://www2.ed.gov/about/offices/list/ocr.docs/lau1970.html
See, OCR’s April 25, 2014 Resolution Letter, at pages 2, 15; the WEEAC final report and District Board of
Education meetings in November, December 2017 and January 2018 at:
https://www.youtube.com/playlist?list=PLIDwtDJFYcd04bP2j5u0ZNcWmmuM9ojig
29

 Page 31 of 34 OCR Cases 08-09-1230 and 08-10-1112

•

During the 2017-18 school year, building administration in several schools called out,
warned and verbally admonished bilingual/Hispanic teachers for allowing students to use
Spanish in answering questions in academic settings without sound pedagogical
justification. Non-bilingual/Hispanic teachers have not received similar admonishments.

District administration denied that this was taking place. As noted above, when Dr. Abrego was
asked about the District’s language use policy he answered that he did not know what a language
use policy was. Informing staff that students must respond in English in non-bilingual settings
and not allowing students to respond to questions in Students’ native languages in appropriate
academic settings such as during content area instruction and other school environments,
(especially at the elementary level as alleged), sounds very similar to incidents in OCR’s
original findings. 30
The District must take action to communicate that it values students’, parents’ and staff’s use of
Spanish and the other languages spoken in the District. The District must also provide ongoing
opportunities for communication, input and direction into its alternative language program
design for District stake holders (ELL and bilingual students, parents, and staff) as it initially
agreed to do. With a creation of a language use policy as agreed to in this Resolution
Agreement, students, parents, staff and administration will have a clear understanding of
appropriate uses of English and other languages, and the District will communicate clearly that it
values other languages and cultures.
•

The District eliminated parent teacher conferences.

This alone is not a violation of the Resolution Agreement because the action applied to all
students within the District. However, OCR observed through BOE meetings that
Superintendent Abrego told the community that parents could communicate with teachers and
receive student information through individual meetings or through online formats because the
District was encouraging this shift in communication styles.
•

Individuals complained that the District’s website is not accessible for parents who speak
languages other than English.

Dr. Abrego acknowledged to OCR that approximately 50 percent of District parents do not have
adequate access to the internet in order to participate in all activities that are online or to receive
notifications that are placed solely online such as information on Infinite Campus and
notification of the ELL Design Committee. With a majority of Spanish speakers and ELL
students in the District, it is important for the District to have more than one mechanism for
communication with parents other than stating that the information is online. The concern over
e-communication will continue to be addressed in the monitoring actions for the District.

30

See, OCR’s April 25, 2014 Resolution Letter, at pages 9-14.

 Page 32 of 34 OCR Cases 08-09-1230 and 08-10-1112

OCR confirmed to District administration in the Spring of 2018, that, at a minimum, on-line
Board of Education agendas, meeting minutes, and BOE policies are not available to parents in a
language and manner that parents understand. At the date of this letter, this has not been
addressed.
As stated above, throughout OCR’s monitoring of this agreement, District staff who are
responsible for completing significant portions of the Resolution Agreement have oftentimes had
their District positions eliminated, have lost their duties and responsibilities, or have been
terminated. While OCR has not found that these specific situations are directly related to the
Agreements, themselves, we have informed affected parties of their rights to file complaints
either with OCR or the Equal Employment Opportunity Commission (EEOC).
Further, OCR has notified the District repeatedly that individuals filing a complaint or participating
in an investigation are protected by Federal law against harassment, retaliation, or intimidation by
34 C.F.R. § 100.7(e). This protection includes individuals tasked with overseeing and
completing the District’s Resolution Agreements.
Summary 08-10-1112
In summary, the District completed Resolution Agreement Items 1, 2, 4.1, 13 and 14.e. The
District has failed to meet Agreement Items 3, 4.2, 5, 6, 7, 8, 9, 10, 11, 12, and 14.
Conclusion and Next Steps
It is clear that parents, staff and administration of Adams 14 desire the best education for
students, and for students to be successful academically and to learn English and gain bilingual
academic skills. This was a constant theme of District Board of Education meetings during the
2017-18 school year. 31 In early 2018, the Superintendent and the Director of Human Resources
communicated to OCR the District’s commitment to abide by Title VI of the Civil Rights of
1964 and its Resolution Agreements with our Office.
Perennial problems persist with the District’s implementation of any consistent alternative
language program, ensuring endorsed and appropriately trained staff in its ALP, effective and
consistent ELL and bilingual assessments, appropriate and consistent communication with
minority and language minority parents, and with the District’s movement to end and remediate
the hostile environment toward Hispanic individuals in the District.
As stated at the beginning of this letter, the removal or other departure of individuals who
worked toward the District’s compliance with Title VI through the implementation of these
Resolution Agreements does not obviate the District’s ongoing obligations to come into
compliance with federal law. District administrators stating that they did not know about,
understand or agree with the Resolution Agreements or actions of prior administrations is not a
31

See, https://www.youtube.com/playlist?list=PLIDwtDJFYcd04bP2j5u0ZNcWmmuM9ojig

 Page 33 of 34 OCR Cases 08-09-1230 and 08-10-1112

defense to the District’s failure to meet its obligations. As of the date of this letter, the District
has not completed the requisite corrective action items necessary to demonstrate compliance both
with the terms of the Agreements and with Title VI of the Civil Rights Act of 1964.
As stated previously, OCR recognizes the need for a legitimate discourse with the District and
other stakeholders concerning the District’s next steps in its efforts to come into compliance with
the Resolution Agreements and federal law. This meeting will be scheduled by the attorney
assigned to the monitoring of these two cases with meeting notifications sent to the Superintendent,
members of the Board of Education, and the designated attorney for the District. OCR will invite
other interested stakeholders to this meeting and commits to schedule the meeting before the end
of 2018.
Crucial to the District’s ability to meet the requirements of the Resolution Agreements and to
provide equal educational opportunities for all its students is for District administration to
understand its obligations, its ELL population and need for ongoing continuity and consistency
in its efforts to provide an appropriate ALP, appropriate and adequate communication with LEP
parents, and its need to terminate and remedy the hostile environment.
Further, given the District’s demographics, District administration has a need to understand
current second language acquisition theory, appropriate pedagogy for ELL students, and how the
implementation and evaluation of the District’s alternative language programs must be improved.
District administration must understand the importance of implementing its chosen alternative
language plan with integrity, and continuity (from one administration to the next), the District’s
dire need for correct and adequate ELL student evaluation, appropriate data collection and
disaggregation of all students’ achievement data (ELL v. bilingual v. English only students). To
address these needs, OCR suggests that District administration and the District BOE receive
training in these identified areas.
It is our hope that training will help District administration to move forward in meeting its
commitment to the Resolution Agreements, to understand where the District’s entire student
population is at culturally, pedagogically and academically, and to focus on common goals with
parents and the community which is vital for compliance with Title VI of the Civil Rights Act of
1964 and for future alternative language program planning in the District.
OCR notifies the District that individuals filing a complaint or participating in an investigation are
protected by Federal law against harassment, retaliation, or intimidation by 34 C.F.R. § 100.7(e).
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, personal information, which if released, could
constitute an unwarranted invasion of privacy.
OCR looks forward to working with the District in order for the District to meet the requirements of
its Resolution Agreements and to provide equal educational opportunities to its national origin
students, parents and staff as required in Title VI of the Civil Rights Act of 1964.

 Page 34 of 34 OCR Cases 08-09-1230 and 08-10-1112

If you have any questions you may contact Virginia Wilson-Cobble, Attorney Advisor assigned to
monitor these cases, at (303) 844-4538 or at virginia.wilson-cobble @ed.gov. I am also available at
(303) 844-4568.
Sincerely,

J. Aaron Romine
Regional Director
Denver Office for Civil Rights

cc: Complainants (via email only)
Jonathan Fero, JD
Attorney at Law
Semple, Farrington and Everall PC
via email only at: jfero@semplelaw.com
Katy Anthes, Ph.D.
Colorado State Commissioner of Education
via email only at: anthes_k@cde.state.co.us
Office of the Colorado State Board of Education
via email only at: state.board@cde.state.co.us