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Volume 2 Number 2
SCHOOL DISTRICT RESPONDS TO THREAT TO TERMINATE FEDERAL FUNDS
When the Office for Civil Rights of the Department of Education threatened to terminate federal funds to the Moline, Ill. school district, the school board,. reversing its position, agreed to provide information requested by OCR staff investigating a Section 5011 (disability discrimination) complaint against the district. This action came after OCR's Reviewing Authority reversed the decision of an Administrative Law Judge (ALJ) which found the data requests by OCR 'reasonably relevant' to the issue of compliance with Section 504 and the regulations but then sought to curtail these requests by limiting them to five questions and four interviews. The Reviewing Authority found:
While the ALJ's equitable and well intentioned attempt to set a definite end to the investigatory process is a worthwhile goal, the opposite result could occur. If, for example, the Respondent simply chose to answer the five questions with summary or vague answers, attempts at enforcement would at worst lead to confusion or impasse and, at best, a return to the ALJ for clarification or direction. This procedure is not permissible under the regulations, nor is it desirable.
The Reviewing Authority ordered that "Federal financial assistance administered by the Department of Education... is to be terminated and refused to be granted to the Respondent School District. This termination and refusal to grant or continue Federal financial assistance shall remain in force until the Respondent School District corrects its noncompliance with Section 504 of the Rehabilitation Act of 1973 and satisfies the Responsible Official that it is in compliance" (See Administrative Proceeding in the U.S. Department of Education, In the Matter of Moline Unit School District #40, Moline, Illinois and Illinois State Board of Education, Springfield, Ill., Rulings on Exceptions and Final Decision of the Civil Rights Reviewing Authority, No. 84 504-7).
Background
When OCR determines that a violation of a civil rights law has occurred, it can seek to obtain compliance by asking an Administrative Law Judge to cutoff federal funds to the offending institution or it can refer the case to the Department of Justice to file suit against the institution. If OCR disagrees with the decision of an ALJ, it can appeal the decision to the Civil Rights Reviewing Authority. A final appeal can be made to the Secretary of Education.
Ms. Caldwell, a substitute teacher for the Moline, Ill. school district, who had taught in numerous programs including special education classes for handicapped children, filed a complaint with OCR on October 19 1982, claiming that her position had been terminated because she had filed previous complaints against the district pursuant to Section 504 (disability).
Between December 1982 and January 1984, OCR tried to gain information to conduct an investigation of Ms. Caldwell's complaint. The school district refused to provide all of the data requested. OCR determined that compliance with Section 504 could not be achieved voluntarily, and a hearing was held before an ALJ on January 16 and 17, 1985. The ALJ's decision, handed down on November 19, 1985, placed limitations on the data OCR could require the school district to provide. OCR determined that it could not adequately investigate the complaint with such limitations, and appealed the decision to the Civil Rights Reviewing Authority. As set forth above, the Reviewing Authority agreed with OCR and reversed the decision of the ALJ.
OCR is presently investigating the complaint and the school district is cooperating. If OCR determines that the complaint is valid, efforts will be made to resolve the dispute voluntarily. Should such efforts fail, the case will be presented to an ALJ.
  
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