BY MAIRE O’NEILL
maire@losalamosreporter.com
Many in attendance at the League of Women Voters Candidate Forum Thursday evening at UNM-LA were surprised by a question posed to the three candidates for School Board for District 3, incumbent Christine Bernstein, Lauren Coupland and Sean Stanfield. Following opening statements by the three candidates, LWV President Felicia Orth opened the floor for questions, and the first question asked was as follows:
“Were you aware of the Department of Education, Office of Civil Rights 2022-2023 mandated LAPS intervention and monitoring to address Title VI incompliance specific to the District’s management of discrimination complaints and that this matter was not shared with the broader Los Alamos community, particularly those that are impacted by discrimination in the District?”
The question was asked by Luckie Daniels, parent of a Los Alamos High School student and a Diversity, Equity, Inclusion, Accessibility and Belonging (DEIAB) consultant who has been raising concerns with Los Alamos Public Schools about equity and discrimination in the school district since October 2022. Daniels was actually engaged as a DEIAB consultant by LAPS from January to May of this year. During that time she alleges she was not notified by LAPS administration of the federal Department of Education Office of Civil Rights action.
Candidate Christine Bernstein, who is currently on the school board, answered that she was not aware of the complaint, which was filed February 1, 2022 by Miriam Jones of Taos. Candidate Lauren Coupland indicated that she had been made aware of the situation earlier in the day and expressed surprise that as a member of the LAPS Equity Council she had not known about the OCR complaint. Candidate Sean Stanfield said he also was unaware of the complaint.
The Los Alamos Reporter on October 3 requested a time slot to discuss the LAPS interaction with OCR and other topics with Supt. Jennifer Guy. That meeting is set for Oct. 10.
Research on the Office of Civil Rights website shows that the District administration was notified of the complaint (08-22-1195) by the OCR in July 2022. See https://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/08221195-a.pdf
The Resolution Agreement between OCR and LAPS may be viewed at https://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/08221195-b.pdf
Below is the September 11, 2023 letter from the OCR notifying Supt. Guy of the completion of its review of the monitoring reports submitted to OCR under the terms of the Resolution Agreement. The terms of that Agreement are in bold typeface.
During the 14 months since the inception of the OCR complaint, neither the complaint itself nor the resulting mandatory changes to “policies or procedures” have been discussed in public nor presented for board approval in a public meeting. Asked about this, District administration responded that changes to “administrative regulations” are not required to be approved by the board.
Dear Superintendent Guy:
The United States Department of Education, Office for Civil Rights (OCR), has completed its review of the monitoring reports submitted to OCR for the above-referenced complaint filed against Los Alamos Public Schools (District). The Complainant alleged that the District failed to appropriately investigate and address complaints alleging that a student on the District’s varsity soccer team made monkey noises and gestures directed toward a player on an opposing school’s varsity team at a game on October 7, 2021.
On July 29, 2022, the District voluntarily entered into a Resolution Agreement (Agreement) with OCR to resolve the allegation of discrimination under Title VI of the Civil Rights Act of 1964 and its implementing regulation. The District agreed to report to OCR on its progress toward implementing the Agreement.
OCR analyzed all the monitoring reports to determine whether the documentation was complete and sufficient to provide evidence of the fulfillment of the provisions of the Agreement. Based on a review of the District’s submissions, OCR has determined that the District completed all the terms and reporting requirements in the Agreement. Below are the terms of the Agreement in bold typeface, the actions taken by the District with respect to the terms, and OCR’s determinations regarding the actions taken.
Term 1
1. The District will revise its nondiscrimination and harassment policies and procedures and complaint forms to address OCR’s concerns in the accompanying resolution letter and ensure that the District responds promptly and adequately to complaints alleging discrimination and harassment based on race, color, and national origin. At a minimum, the policies and procedures will include the following:
A. a statement setting forth the District’s commitment to having an environment free from discrimination, including harassment, on the basis of race, color, and national origin; the statement will: explain that the District prohibits harassment on these bases in the school environment, including all academic, extracurricular, and school-sponsored activities;
- encourage students to immediately report incidents of harassment on these bases;
- clarify that District staff and coaches must promptly report incidents of harassment on these bases to school administrators;
- and specify that the District will promptly and adequately investigate complaints and reports of harassment on these bases;
B. examples of the types of discriminatory conduct and harassing behavior based on race, color, and national origin that are covered by the District’s policies and procedures;
C. an explanation of how to report harassment based on race, color, or national origin to theDistrict and/or file a complaint about such harassment with the District, including the name, job title, and contact information (i.e., office address, e-mail address, and telephone number) for the District employee(s) responsible for receiving such reports and complaints;
D. a description of the District’s complaint procedures, including the complaint forms and timeframes for the District’s investigation and resolution of a complaint;
E. a requirement that written notice of the investigation’s outcome be provided to the parties for both complaints and reports of discrimination, including harassment based on race, color, and national origin;
F. a prohibition of retaliation against persons who report discrimination, including harassment based on race, color, and national origin, or participate in related investigations or other proceedings;
G. identification of the following means that the District will use to investigate incidents of discrimination, including harassment based on race, color, and national origin:
i. the various steps the District will take to conduct adequate, timely, reliable, and impartial investigations of reported incidents, including identifying the District employee(s) responsible for conducting the investigation; and
ii. an assurance that the District will take reasonable, timely, and effective steps to stop the harassment, prevent its recurrence, and remedy its effects, as appropriate.
REPORTING REQUIREMENT: Within 60 calendar days of signing this Agreement, the District will provide a copy of its draft revised documents required by Term 1 to OCR for review and approval. The District will respond to any feedback OCR provides regarding the revised documents within 20 calendar days.
District’s Actions Regarding Term 1 and OCR’s Response
On September 26, 2022, the District provided draft revisions to Policies 5130 and 5130R to OCR for review. Policy 5130 includes a general non-discrimination statement, mention of the existence of regulations implementing the policy and addressing complaints of noncompliance with the policy, and a paragraph regarding service animals.
Policy 5130R includes a statement of purpose, the District officials responsible for coordinating compliance activities for the District, a non-discrimination statement, a definition of harassment, the District’s reporting procedures, the procedures for investigating reports of discrimination or harassment other than sexual harassment, a statement re confidentiality, a prohibition on retaliation, and statements regarding false claims, records retention, and access to policies and procedures.
By letter dated November 28, 2022, OCR found that the District’s revised policies fully complied with Terms 1B, 1D, and 1F and partially complied with Terms 1A, 1C, 1E, and 1G.
OCR requested that the District make specific revisions to draft Policy 5130R to fully comply with all sub-sections of Term 1. On November 29, 2022, the District provided to OCR revisions to draft Policy 5130R. By letter dated February 23, 2023, OCR found that the District complied with Term 1 because it made all the revisions that OCR requested to draft Policy 5130R. As a result, OCR approved Policies 5130 and 5130R for publication and dissemination.
Term 2
Within 15 calendar days of OCR’s approval of the District’s revised documents, the District will publish them on its website and disseminate them through any other of its standard methods for disseminating new policies and procedures.
REPORTING REQUIREMENT: Within 30 calendar days of OCR’s approval of the District’s revised documents, the District will provide OCR with documentation demonstrating that it has published and disseminated them.
District’s Actions Regarding Term 2 and OCR’s Response
On February 27, 2023, the District provided OCR with a link showing that the District’s revised policies and procedures that were approved by OCR had been published on the District’s website. By letter dated June 28, 2023, OCR found that the District complied with Term 2 because it published the revised policies and procedures on its website.
Term 3
3. The District will train all District and school administrators, all employees of Los Alamos High School (LAHS), and all athletic coaches, including but not limited to the head, assistant, and volunteer coaches, on how to identify and respond to reported incidents of discrimination, including harassment based on race, color, and national origin. The training will clarify, at a minimum, that Title VI and its implementing regulations prohibit District employees from discriminating against students on these bases, including by failing to respond to actual or constructive notice of student-on-student harassment based on race, color, or national origin that creates a hostile environment in the District’s programs or activities. The training will explain how to identify potential harassment on these bases, what to do if they witness or receive a report of potential harassment on these bases, and how to offer and implement appropriate interim measures for reported targets of such harassment.
The training will also explain the District’s revised policies and procedures developed pursuant to Terms 1 and 2 of this Agreement.
REPORTING REQUIREMENT A: Within 90 calendar days of signing this Agreement, the District will provide OCR with a copy of the draft training agenda and training materials required by Term 3 and identify the trainer and his/her qualifications to provide the training.
REPORTING REQUIREMENT B: Within 45 calendar days of OCR’s approval of the District’s trainer and training materials, the District will provide OCR with:
a) the date(s) the training required by Term 3 was provided;
b) a list of all staff identified to receive the training;
c) sign-in sheets showing all staff who attended the training; and
d) all handouts distributed in connection with the training.
District’s Actions Regarding Term 3 and OCR’s Response
On October 26, 2022, the District submitted to OCR a draft PowerPoint presentation that would be used by the District’s counsel to train staff. On February 23, 2023, OCR provided comments and suggestions for revision of the draft PowerPoint presentation in a redlined version. On February 27, 2023, the District submitted revised training materials to OCR. By letter dated June 28, 2023, OCR found that the District addressed all of OCR’s suggestions for revision and approved the training to be provided to all District and school administrators, all employees of Los Alamos High School (LAHS), and all athletic coaches, including but not limited to the head, assistant, and volunteer coaches.
On August 15, 2023, the District reported to OCR that, on August 2, 2023 and August 13, 2023, all District and school administrators, all employees of LAHS, and all athletic coaches, including but not limited to the head, assistant, and volunteer coaches, were trained on how to identify and respond to reported incidents of discrimination, including harassment based on race, color, and national origin. The District provided OCR with lists and sign-in sheets showing who was identified to receive the training and attended the training. The District also provided the handouts distributed at the training.
Based on the sign-in sheets, it appeared to OCR that as many as 22 staff who were supposed to receive the training did not attend either of the two sessions. Thus, OCR requested, by letter dated August 22, 2023, that the District provide a list of the staff who were required to attend the training required by Term 3 but did not attend either session, the staff member’s title, and a plan for how and when those staff members would receive the training.
On August 29, 2023, the District provided OCR with a list of seven high school staff, 10 administrators, and 10 coaches who were supposed to receive the training required by Term 3 but had not yet been trained. The District indicated that those individuals would be trained on September 6, 2023.
On August 30, 2023, OCR requested by email that the District provide the sign-in sheets for the September 6 training showing that the individuals on the list received the required training. On September 8, 2023, the District provided OCR with sign-in sheets indicating that an additional 24 people received the training required by Term 3. Four individuals originally identified as needing to be trained did not receive the training because they are no longer employed by the District.
OCR hereby finds that the District has satisfied Term 3 and its reporting requirements because it has provided documentation showing that all individuals required to be trained have received the training required by Term 3.
Term 4
4. The District will train all administrators, employees, and athletic coaches who are responsible for investigating and/or responding to complaints or reports of harassment based on race, color, and national origin. The training will include, at a minimum: a) the topics required in the training required by Term 3; b) the District’s procedures for reporting or referring reports and complaints of harassment based on race, color, and national origin to School and District administrators; c) the District’s procedures for investigating complaints and reports of harassment on these bases, including how to identify relevant witnesses, adequately investigate such complaints and reports, and document the investigation and findings; and d)how to offer and implement interim measures to targets of the harassment during the investigation; (e) how to provide corrective remedies when the investigation finds discrimination, including hostile environment harassment, on these bases.
REPORTING REQUIREMENT A: Within 90 calendar days of signing this Agreement, the District will provide OCR with a copy of the draft training agenda and training materials required by Term 4 and identify the trainer and his/her qualifications to provide the training.
REPORTING REQUIREMENT B: Within 45 calendar days of OCR’s approval of the District’s trainer and training materials, the District will provide OCR with: a) the date(s) the training required by Term 4 was provided; b) a list of all staff identified to receive the training; c) sign-in sheets showing all staff who attended the training; and d) all handouts distributed in connection with the training.
District’s Actions Regarding Term 4 and OCR’s Response
On October 26, 2022, the District submitted to OCR a draft PowerPoint that would be used by the District’s counsel to train staff. On February 23, 2023, OCR requested that the District revise the presentation to include the slide on corrective action from the other PowerPoint presentation and the additions made to the other presentation regarding Policy 5130R. OCR additionally made some comments and suggested line edits for the District’s consideration. On February 27, 2023, the District submitted revised training materials to OCR. By letter dated June 28, 2023, OCR found that the District addressed all of OCR’s suggestions for revision and approved the training to be provided to all administrators, employees, and athletic coaches who are responsible for investigating and/or responding to complaints or reports of harassment based on race, color, and national origin.
On August 15, 2023, the District reported to OCR that, on July 24, 2023, all administrators, employees, and athletic coaches who are responsible for investigating and/or responding to complaints or reports of harassment based on race, color, and national origin received the training approved by OCR pursuant to Term 4. The District provided OCR with a sign-in sheet showing who attended the training and the handout distributed at the training.
It was not clear to OCR from the documents provided whether all staff who were supposed to receive the training attended the training. Thus, OCR requested, by letter dated August 22, 2023,that the District provide a list of the staff who were required to attend the training required by Term 4 but did not attend, the staff member’s title, and a plan for how and when those staff members would receive the training.
On August 29, 2023, the District provided OCR with a list of four administrators who were supposed to receive the training required by Term 4 but had not yet been trained. The District indicated that those individuals would be trained on September 6, 2023. On August 30, 2023, OCR requested by email that the District provide the sign-in sheets for the September 6th training showing that the individuals on the list received the required training. On September 8, 2023, the District provided OCR with sign-in sheets indicating that the four administrators received the training required by Term 4.
OCR hereby finds that the District has satisfied Term 4 and its reporting requirements because it has provided documentation showing that all individuals required to be trained have received the training required by Term 4.
Conclusion
Based on the information referenced above, OCR concludes that the District has complied with all the terms and reporting requirements in the Agreement. Therefore, OCR is closing this complaint as of the date of this letter.
This letter is not intended nor should it be construed to cover any other matters that may exist and are not specifically discussed herein.
Please be advised that the District may not harass, coerce, intimidate, or discriminate against any individual because he or she has filed a complaint or participated in the complaint resolution process. If this happens, the individual may file a complaint alleging such treatment.
Under the Freedom of Information Act (FOIA), it may be necessary to release this document and related correspondence and records upon request. If OCR receives such a request, we will protect personal information to the extent provided by law.
We appreciate the District’s efforts to comply with the terms of the Agreement. If you have any questions or concerns, please contact Jennifer Weiser Bezoza, the attorney assigned to this complaint, at 303-844-2676, or by email at jennifer.bezoza@ed.gov.
Sincerely,
Thomas M. Rock
Supervisory General Attorney