Cortlandt Family to Appeal Feds Ruling in Lakeland’s Favor
A Cortlandt family is appealing a recent ruling from the U.S. Department of Education, New York Office for Civil Rights (OCR) that cleared staff at Van Cortlandtville Elementary School and Lakeland School District administrators of any wrongdoing regarding allegations of “intentional bullying” and discrimination on the basis of a learning disability against their now sixth grade son.
In mid-July, Michelle Browne received an 11-page letter from Nadja Allen Gill, compliance team leader for OCR, stating four complaints Browne and her husband, Neal, filed against the district on January 20 in reference to their son, Alec, had been investigated and there was “insufficient evidence” to substantiate the allegations.
Several of the complaints made by the Brownes centered around Section 504 of the federal Rehabilitation Act of 1973, which provides students with special learning needs extra time to complete classroom work and tests. Michelle Browne maintained she had sought those accommodations for Alec since he was in first grade.
“We are very pleased with the outcome of the matter,” stated Lakeland Superintendent of Schools Dr. George Stone. “In Lakeland we do everything we can to ensure a free and appropriate education for every student. Defending these actions and preparing the documentation cost our taxpayers thousands of dollars.”
However, Michelle Browne questioned the way in which OCR conducted its probe, contending it wasn’t a “neutral fact finding agency” and relied only on the information provided by the district and never interviewed Alec.
“We are baffled by the OCR’s determination,” Browne said. “The statements provided by the district and the school staff members and administrators contradict the statements and information provided with our complaint and their statements are in direct contradiction of Alec’s reports of what occurred in the classroom. The OCR investigators ignored the documented evidence we provided and OCR investigators failed to obtain the documented evidence contained in Alec’s educational file and records, controlled by the district. OCR relied solely on the controlled and manipulated information provided by the school and the district.”
The Brownes have alleged a Dignity For All Students Act (DASA) investigation last October, which involved district staff to view all video of any occurrences where Alec and another student who allegedly constantly harassed him were together, led to a series of “intimidation and retaliation” from Lakeland officials. They also accused administrators at Van Cortlandtville, namely Principal Jacqueline Woodruff, and district offices of violating their rights by “using official resources to punish” them.
On November 5, the DASA investigation conducted by the district determined any alleged DASA violations were unfounded. On November 19, the Board of Education upheld the findings after the Brownes questioned the validity of the DASA probe.
Alec was taken out of fifth grade at Van Cortlandtville in late November by his parents and placed at St. Patrick’s Catholic School in Yorktown.
“We are submitting this appeal as it is our hope that the truth will come out and the school and our district will be held accountable for their repeated failure to help the children in this class, even after the mismanagement of this classroom was repeatedly brought to the attention of Jacqueline Woodruff and (Assistant Principal) Dr. Frank Yanoti, they continued to retaliate against our family, when all our child wanted was for the staff to keep Student A away from him and stop allowing Student A to sit on the floor in front of his desk, lean against the desk, causing his desk to slide,” the Browne’s stated. “Student A would lean and lay on Alec’s feet, legs and ‘growl’ and make other repetitive noises. This unwanted physical contact was extremely uncomfortable and embarrassing for Alec. Instead of stopping this the school and district staff and administrators wasted time and precious resources retaliating against our child and family.”
“We are saddened and deeply shaken by what the staff and administrators of the school and the district did to our child and our family,” the Browne’s continued. “In their own efforts to avoid serious issues with their repeated failure to provide Alec with the accommodations he was legally entitled to, they repeatedly tried to use tactics to frighten and intimidate us, which caused further harm to our child.”
Even though OCR found no violations by the district, Gill stated the Browne’s have the right to file a private lawsuit in federal court, an option Michelle Brown said is being considered.
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