UPDATED 2:10 p.m. | Several Unit 5 officials went through training this fall that helped resolve a federal civil rights complaint alleging the district retaliated against a special education student. The district admitted no wrongdoing.
The student’s parent filed the complaint in May with the U.S. Department of Education’s Office for Civil Rights (OCR). The student, identified in documents only as “Student A,” received special education services pursuant to an Individual Education Program (IEP).
During a recent meeting with special education staff, the parent objected to Unit 5’s recommendation about where Student A would be placed for the 2020-21 school year, records show. The student then allegedly sent a series of emails to district officials, with subject lines like “Retaliation” and “Unit 5 misconduct,” records show.
Those repeated contacts apparently led to safety concerns. Unit 5’s director of safety and security ‒ a former Normal Police officer ‒ visited the family’s home to discuss the matter.
Before OCR’s investigation was finished, Unit 5 agreed in October to resolve the complaint through a voluntary resolution agreement. The agreement is meant to “ensure compliance with federal laws which prohibit discrimination on the basis of disability and retaliation by recipients of federal financial assistance and public entities.
"...OCR's investigation has identified concerns that can be addressed through a resolution agreement," OCR Supervisory Attorney Aleeza Strubel told Unit 5 superintendent Kristen Weikle in an Oct. 7 letter.
That agreement required Unit 5, by Nov. 2, to provide training to its superintendent, director of special education, school board president, and safety and security director on the nondiscrimination and non-retaliation provisions in federal disability law. It also removed a ban on communication between Student A and district staff.
“The District expressed an interest in pursuing a resolution agreement with OCR,” Unit 5 attorney Curt Richardson told WGLT. “OCR made no findings of non-compliance in the resolution agreement, and the District admitted no alleged wrongdoing. However, in order to avoid an unnecessary investigation and because the actions proposed by OCR were part of the District's normal practices and annual training, the District voluntarily agreed to resolve the complaint.”
OCR will monitor whether Unit 5 satisfied the terms of the agreement. The family can still file a private federal lawsuit against the district, even if OCR does not find a violation occurred.
Unit 5 is Bloomington-Normal’s largest school district, with more than 13,600 students. About 18% of those students are receiving special services pursuant to an IEP.
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