Civil rights investigation into Cedar Rapids schools likely to end this spring

CEDAR RAPIDS - A federal investigation into Cedar Rapids school discipline practices is likely to conclude this spring with an agreement by the district to revise its policies and continued monitoring by the Office for Civil Rights (OCR), according to a national expert on such cases and recent resolutions published by the office.

The investigation concerns whether the Cedar Rapids Community School District has discriminated against black students by disciplining them at a rate disproportionate to their percentage of enrollment. The investigation came to light in early September.

The OCR is a federal agency dedicated to protecting civil rights in education and is a part of the U.S. Department of Education.

In most investigations of this kind, investigators come to a type of settlement - called a resolution agreement - with the district, according to an OCR spokesman who commented on the condition of anonymity because he was not permitted to speak to specific cases.

'If we do determine that non-compliance exists, then we attempt to negotiate a resolution agreement with the school district to help it come into compliance with the law,” the spokesman said. 'In virtually all cases, we're able to successfully negotiate these agreements.”

Based on a review of several published agreements from recent cases, a resolution usually involves the district agreeing to some or all of the following:

' Not admitting to any violation of the law. The Office for Civil Rights usually agrees to stop its investigation.

' Hiring an outside consultant to help it review and revise its discipline policies.

' Reviewing and revising those policies.

' Providing cultural competency and discipline training to staff and students. Many districts use a discipline system called Positive Behavioral Intervention and Supports, which emphasizes rewarding desired behaviors rather than punishing unwanted ones.

' Reaching out to community stakeholders, including parents, to provide information about district discipline policy and ask for their input.

' Reporting back to the OCR on an annual basis, usually for an indefinite period until the office determines that monitoring is no longer required. In some earlier cases - including one in Iowa City involving claims of racial disparities in that district's special education programs - the office limited its reporting requirement to a fixed period of three years.

It's also possible, of course, that investigators will find nothing wrong in Cedar Rapids schools. But that's improbable as the investigation has made it this far already, said Daniel Losen, a civil rights lawyer and the director of the Center for Civil Rights Remedies at the University of California, Los Angeles.

'It's pretty unlikely that if they do a full-scale investigation that nothing will come of it,” Losen said.

Most complaints the office receives, he said, do not turn into this type of investigation. Many cases are closed through an early complaint resolution process outlined in the OCR's case processing manual.

'OCR's not investigating every district that has a complaint filed against them,” Losen said. 'There's usually some kind of indication that things could be done a lot better.”

The Cedar Rapids case remains under investigation, according to the OCR spokesman. Cedar Rapids Superintendent David Benson said the district has not heard from the office since investigators from the OCR Chicago office visited Cedar Rapids in September.

That indicates that investigators likely have not concluded the initial phase of their investigation, Losen said, in which they review the evidence they collected through interviews, on-site visits and a public meeting while in Cedar Rapids. They may also be collecting additional evidence through further data collection or interviews.

Once OCR personnel have completed this stage of the investigation, Losen said, they will begin writing a first draft of a resolution agreement. That agreement must be approved by an administrator in Washington, D.C., after which investigators will present it to district administrators and attorneys.

The two sides then have a period of 30 days to come to an agreement, according to the case processing manual. If they are successful, the investigation will end and the district will begin implementing the resolution agreement.

If not, the investigation will continue. The entire process can take more than six months, Losen said.

If a district is not cooperative with an investigation or if the two sides cannot reach an agreement the OCR can cut off federal funding to the district or refer the case to the Justice Department for litigation, according to the office spokesman and the case processing manual.

But that seldom happens, Losen said, because the office's aim is to help the district improve rather than punish it.

'It's not a ‘gotcha' outcome that they're looking for,” he said. 'The bottom line is that OCR is investigating trying to bring about a change that is going to be beneficial to all kids while reducing the disparate harm that is in question.”

Benson said he wanted to wait and see what investigators asked of the district, but he indicated he would be willing to work with them.

'We will respond positively and affirmatively to any recommendations that the OCR makes to better our district's delivery of educational services to all children,” Benson said.

What's Next

' Investigators will continue to review evidence gathered during their September on-site visit and collect additional evidence.

' Investigators will write a draft resolution agreement, likely sometime in early 2015.

' The draft will be approved by an OCR administrator in Washington, D.C., and presented to the district.

' The two sides will have 30 days to come to an agreement.

' If they are successful, the investigation will end and the district will begin to implement the resolution agreement.

' If not, the investigation will continue.

Sources: Civil rights lawyer Daniel Losen; the Office for Civil Rights' Case Processing Manual